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Old 06-13-14, 06:31 PM
  #60  
B. Carfree
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Originally Posted by wphamilton
The bolded part would be correct.

However, all drivers finding themselves in a situation where there is a possible collision, regardless of how it came about, do have a duty to facilitate the other drivers' extrication from the situation. If that means slowing down, you have a duty to do so. You can't just hold your speed and position and watch it cause a collision if you could have done anything to avoid it. Slow down, dive to the shoulder, whatever it takes that has an acceptable risk.
I fully agree that all drivers/cyclists/whatevers have a moral obligation to do what they can to prevent a collision. However, here in Oregon there is no legal obligation to do so. That said, the only person I ever heard of applying our perverse vehicle code in this way and getting away with it eventually did it again, only in that later instance he was wrong and a female cyclist is dead because of that. Unfortunately, our DA is notorious for ignoring these sort of things and he got a mere slap on the wrist.
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