Thread: Cyclist Hit
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Old 02-13-20, 02:08 PM
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base2 
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On "presumption of liability":
There is a skills test and an application process to obtain a license for a particular means of travel.
The reason is because certain means of travel present risks to the rights of others pursuit of life, liberty, free expression, free association, pursuit of happiness, and other rights of citizenship (not enumerated). Nearly all our laws pertain to protecting the rights of others in some way.

The bigger the risk to the rights of others, the higher the threshold of minimum competancy. Reference a Commercial Drivers License and it's related endorsements of increasing difficulty. Hazardous Materials & Passenger endorsements being the strictest. Or reference a Commercial pilots license. The bigger the plane/the more passengers that plane carries the more experience the pilot needs.

The license, of any vehicle is granted under the assumption that you have demonstrated a minimum level of competancy. Running over pedestrians (illegal), running over cyclists (illegal), disregard of other laws (also illegal) is evidence you were negligent in the responsibilites commiserate in the license. Therefore you should be presumed to have been responsible for your (in)actions while in control of craft/vehicle. You are the party in a position of greater responsibility. Period.

Last edited by base2; 02-13-20 at 02:34 PM.
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