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Old 03-20-14, 09:52 AM
  #64  
Cyclosaurus
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Originally Posted by achoo
Saying, "The passenger broke the LAW!!!" changes that not one bit.

He might even wind up being held accountable.

So what?

Dooring situations will still be dooring situations, and if you blithely ride into them, you'll get doored.
This is the "boys will be boys" defense. We can't expect or ask for better behavior from people who misbehave, so the burden is on the victim to alter their behavior. It's the same rationale whereby people tell women "if you wear a short skirt then you're asking to be *****; that's just what men do".

Yes, dooring is a legitimate risk, and you should take reasonable precautions. However, the law is clear and drivers and passengers have a legal responsibility to ensure that they do not impede traffic and/or hurt others by blindly opening doors. Cagers who violate should be held accountable—regardless of whether the cyclist was "asking for it". Cyclists don't have a sense of entitlement, and no one is asking for one. As an experienced cyclist in an urban area, you are hyper-aware of all the risks around you (if you aren't then you the world will correct that for you quickly). People in cars are generally far more oblivious and act way way way more often without regard for others. So saying, "you should just been more careful" essentially sends society a message that the entire burden is on cyclists to protect themselves and cagers have zero responsibility and accountability. I mean, how much less can you expect of drivers? When cycling, you already have to assume that every driver is a distracted, sleep deprived, violent, vindictive sociopath in order to properly account for the potential for harm from others on the road. It's time to send society a different message. Making an example out of Jerky Suit Man helps to tip the balance back toward a more equitable environment.

The fault is with the person opening the door. Period. A cyclist, for their own protection, should assume that any door can be opened in front of them. But the opposite is also true, and carries an obligation under the law. Anyone opening a car door must assume another vehicle is coming until they have made sure that one isn't. Part of why Amsterdam is such a safe place to cycle is that the law is clear that in any accident involving a cyclist and driver, the driver is assumed at fault unless they can prove otherwise. It means that as a driver there are direct consequences to acting without regard for others. Absent such a rule, it is up to cyclists to be assertive about their rights and the responsibilities of others to hold people accountable for shirking their responsibilities. When, and only when, it is clear that if you act in a dangerous, illegal, and irresponsible manner, there will be consequences, will we see car drivers act with the courtesy that all users of the roads deserve.
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