Originally Posted by soyboy
my thought is that is someone were to step infront of a gun that you're about to shoot and you shoot them you will be charged with man slaughter or whatever else you did, a car should be looked at in the same way
That analogy breaks down. The laws of physics don't always work the way you want them to work. In situations involving a car, the vehicle which delivers the killing effect may already be "in flight". Sure the operator must take prudent and appropriate actions to avoid a collision but there are certainly circumstances which may thwart all such attempts. What this case really boils down to is answering these questions:
- Did the driver create a dangerous situation by action or inaction regarding vehicular operation?
- Did the cyclist create a dangerous situation by action or inaction regarding vehicular operation?
- Did an external force outside of the driver's control create a dangerous situation?
- Did an external force outside of the cyclist's control create a dangerous situation?
- Was the situation which led to the collision expected or unexpected by the driver?
- Was the situation which led to the collision expected or unexpected by the cyclist?
- Was the driver properly prepared to handle the expected or unexpected situation?
- Was the cyclist properly prepared to handle the expected or unexpected situation?
Depending on the answers to those questions, the fault/blame may be attributed to the driver, the cyclist or the driver and the cyclist in varying degrees.