Originally Posted by
Helmet Head
Originally Posted by
Helmet Head
But nothing the truck driver did wrong has anything to do with the objection that you and Blue Order have to the contention that the cyclist was riding too fast for conditions in violation of the basic speed law.
Originally Posted by
Blue Order
Sure it does-- it has everything to do with it.
How so?
Because the truck driver appeared to be observing the law, and the cyclist was under no legal obligation to anticipate that the truck driver would violate the law. Therefore, there was no "unsafe condition" that would bring the basic speed law into play.
Originally Posted by
Helmet Head
Nothing the truck driver did wrong has anything to do with the issue of whether the cyclist was riding too fast because 21 mph would have been too fast for the conditions even if the cyclist lucked out and the truck driver did nothing wrong, noticed the cyclist and yielded properly (note: passing a cyclist riding along in a bike lane does not constitute noticing the cyclist, not by a long shot).
The cyclist was in violation of the basic speed law not because the truck driver turned right without noticing the 21 mph cyclist, but because he might have done that (which would have been true whether he actually yielded or not - and thus has nothing to do with whether the truck did anything wrong).
That's not the law.