Old 01-07-16 | 05:51 PM
  #7  
CrippledKonaBoy
Banned.
 
Joined: Nov 2015
Posts: 195
Likes: 1
From: south of the Great Lakes

Bikes: The Kona

Originally Posted by alathIN
The author is correct about what is fair, just, and right. In any sane normal world, the person operating the huge powerful potentially lethal piece of equipment is responsible to make sure they operate it safely.

However, we do not live in a sane world. Our world has been designed largely for the convenience of automobiles, and generations of drivers have been indoctrinated with the entitlement that they own the road and anything that slows them down or requires them to pause an essential bodily function like texting or checking facebook for three seconds is a high crime against nature.

Of course, all that needs to change, and I'm all in favor of working in that direction.
But it is not going to happen quickly.
In the meantime, I am going to continue to behave as if 50% of drivers are vision impaired and the other 50% are homicidal maniacs.

Back in the dark ages when I sailed a lot, there was a ditty about right of way. Basically it told the story of a sailor who sailed according to right of way, and ends with something like "he was right, dead right" in the way he was sailing but now he's "just as dead as if he'd been wrong." Memory won't go back far enough to get the whole thing, and google didn't help. But the point is there. Of course cyclists have a right to expect motorists to be competent. However, I am not going to wager my life on the expectation that motorists will respect my right.
World? Not quite. More than a few countries, yes.

What's needed is the 'strict liability' that's used in the Netherlands -- the larger/more powerful transport is responsible for any accident involving a lesser one UNLESS it can be proven otherwise. The HITCH is the opposition to the presumption of guilt. It would only work if financial and civil liability were divorced from "guilt" as defined in the body of law.

There's a lot more to the issue, and I don't have time to get into it all...nor would most read it all.
CrippledKonaBoy is offline  
Reply