10-year-old cyclist off the legal hook after jogger runs into rear wheel
04-01-18, 11:48 AM
#52
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If this guy cannot figure out just how wide a berth to give a bunch of slow kids riding bikes, I'd hate to think of how poor his driving skills might be.
04-01-18, 01:10 PM
#53
Cycle Year Round
Did you notice how your here telling most everyone how they are wrong and inferring they are stupid.
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04-01-18, 01:21 PM
#54
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HE, ran into HER. Her placement at the time of the incident is insignificant, and the severity of his fall is inconsequential. It doesn't matter if he careened off of her wheel and fell over a bridge railing, plummeting a thousand feet into a raging river. Ignoring the relative modes of transport, the girl got rear-ended. The fault falls on the party with the clearest line of sight.
The whole affair is absurd.
The whole affair is absurd.
It appears he tried to pass her too closely and she moved to the right at the same time.
This merely describes what appears to have happened. It doesn't apportion any fault.
The girl also testified that when she looked back again, the jogger had fallen behind. No longer expecting him to overtake them, she moved back into her spot farther from the sidewalk.
That's when Perilli struck her back wheel, causing him to fall and injure his shoulder severely enough that he later required surgery.
That's when Perilli struck her back wheel, causing him to fall and injure his shoulder severely enough that he later required surgery.
Last edited by njkayaker; 04-01-18 at 01:27 PM.
04-01-18, 01:32 PM
#55
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The jogger was injured when he ran into the girl's rear wheel when she and her friends were riding three-abreast against traffic.
Kamloops man sues 10-year-old girl after jogging into her bike | CBC News
Kamloops man sues 10-year-old girl after jogging into her bike | CBC News
04-01-18, 01:36 PM
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He had literally an entire width of roadway---probably 20 feet---to use to pass One Ten-Year-Old Girl on a bike.
What was he doing anywhere near here to begin with?
If he had been using the three-foot rule this wouldn't have happened.
Also ... he should have been passing On the Left.
he tried to squeeze past the girl ... instead of going around her ... and Ran Into Her.
Literally.
No way to see this where he doesn't look to stupid to be let loose on the street ... and then suing the ten-year-old that he hit? He shouldn't be allowed out of a cell ... or a septic tank.
if he had been on a bike ... whose fault?
If he had been in a car ... whose fault?
he was not using the roadway in a safe fashion given the conditions of the time. Failure to use car and caution in passing.
Whatever.
Sometimes people cannot step back and consider what others are saying and rethink their own positions ... they just plug their ears and scram "I'm Right! I'm right!"
When those people are also people who tripped over a ten-year-old and then tried to sue said ten-year-old ... they are despicable.
But I am not saying anything about the people who defend the despicable ....
How's the weather in Kamloops?
What was he doing anywhere near here to begin with?
If he had been using the three-foot rule this wouldn't have happened.
Also ... he should have been passing On the Left.
he tried to squeeze past the girl ... instead of going around her ... and Ran Into Her.
Literally.
No way to see this where he doesn't look to stupid to be let loose on the street ... and then suing the ten-year-old that he hit? He shouldn't be allowed out of a cell ... or a septic tank.
if he had been on a bike ... whose fault?
If he had been in a car ... whose fault?
he was not using the roadway in a safe fashion given the conditions of the time. Failure to use car and caution in passing.
Whatever.
Sometimes people cannot step back and consider what others are saying and rethink their own positions ... they just plug their ears and scram "I'm Right! I'm right!"
When those people are also people who tripped over a ten-year-old and then tried to sue said ten-year-old ... they are despicable.
But I am not saying anything about the people who defend the despicable ....
How's the weather in Kamloops?
04-01-18, 02:32 PM
#59
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04-01-18, 02:34 PM
#60
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I've read the judgment, and it concludes the same thing all the rational people have: the jogger basically tried to execute an unsafe pass, and rear-ended a bicycle. He admitted to passing within as little as 3 feet. Go on Google Maps. Look up Robson Drive in Kamloops-- not Robson Street as specified in the affidavit-- Robson Street is a main drag in Vancouver, shops on both sides, street parking, not a place a 10 year old would be riding or anyone would be running. Robson Drive in Kamloops looks exactly like what you think it would. 20+ feet wide, sidewalk on one side, ultra-suburban. The guy could have easily given 15 feet of space, or more.
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04-02-18, 10:46 AM
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Yesterday I took my 7 year old to the park where she rode a large loop around the park with walkers and joggers
I explained the most basic rule of safety
You are responsible for not hitting the people in front of you, the people behind you are responsible for not hitting you
This rule applies to biking, driving, skiing, etc...
My 7 year old thoroughly understood this rule after hearing it 1 time.
What the hell is wrong with this adult who ran into the back of a bike?
I explained the most basic rule of safety
You are responsible for not hitting the people in front of you, the people behind you are responsible for not hitting you
This rule applies to biking, driving, skiing, etc...
My 7 year old thoroughly understood this rule after hearing it 1 time.
What the hell is wrong with this adult who ran into the back of a bike?
Last edited by Skipjacks; 04-02-18 at 12:33 PM.
04-02-18, 11:27 AM
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04-02-18, 06:35 PM
#63
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That issue is mute since the judge found no fault in the 10 year old girls actions. Had the 10 year old girl filed suit against the idiot adult, then that would be germane or if the girl had some fault, then it would be mitigating.
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04-02-18, 07:47 PM
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I was riding in a neighborhood one day last week. I was slowly making my way up a long steep hill, and there was no traffic. Suddenly I see a kid on a bike coming down the steep hill at a pretty good clip. He was in my lane coming straight at me. I kept thinking that surely he was going to get in the right lane, but it did not look like he was even attempting to try. Maybe he was going to fast, I don't know. I immediately started scanning the edge of the road for a place to bail. Suddenly the kid moves over to the center line as he passed me while hauling butt downhill. Moral of the story to me is kids do the darndest things, and always be prepared for the unexpected.
04-02-18, 10:56 PM
#65
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Sometimes adults teach kids the darndest things. There are still cyclists in BFs that insist that wrong way cycling is the only safe way to ride.
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Last edited by CB HI; 04-02-18 at 11:02 PM.
04-03-18, 03:12 AM
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The police can issue a citation, the prosecutor can prefer charges ... the judge can only judge the case brought to him.
The judge cannot charge a defendant with charges the prosecutor did not bring, and the judge Certainly cannot charge a Plaintiff.
04-03-18, 03:46 AM
#67
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Actually, that Would have been interesting ... since a judge cannot legally do that.
The police can issue a citation, the prosecutor can prefer charges ... the judge can only judge the case brought to him.
The judge cannot charge a defendant with charges the prosecutor did not bring, and the judge Certainly cannot charge a Plaintiff.
The police can issue a citation, the prosecutor can prefer charges ... the judge can only judge the case brought to him.
The judge cannot charge a defendant with charges the prosecutor did not bring, and the judge Certainly cannot charge a Plaintiff.
So for #1 you correctly note that the judge cannot do that and your post applies. For #2 the judge could do that and my post #64 applies. Either way, it would have been nice for the judge to tell the guy he was at fault.
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04-03-18, 07:05 AM
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04-03-18, 10:34 AM
#70
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Genec was not clear in his meaning in the word cite: 1. issue a citation or 2. to note in his findings that the adult was at fault (as in to cite case law).
So for #1 you correctly note that the judge cannot do that and your post applies. For #2 the judge could do that and my post #64 applies. Either way, it would have been nice for the judge to tell the guy he was at fault.
So for #1 you correctly note that the judge cannot do that and your post applies. For #2 the judge could do that and my post #64 applies. Either way, it would have been nice for the judge to tell the guy he was at fault.
04-03-18, 02:35 PM
#71
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04-03-18, 03:32 PM
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04-03-18, 03:44 PM
#73
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Two things: First, if your kids are not capable of making basic safety decisions then they should not be out unsupervised. When they make a mistake, the parents need to be held responsible to make it right. Society is not responsible for the errors/damage your kids cause. I wish this awareness was more prominent these days.
Second, I believe she moved over as he was attempting to pass. But its not completely clear whether he was passing on the road or on the sidewalk. Had this occurred on the sidewalk, the assumed guilt is on the cyclist. Once you see the jogger you need to give them the clearance to pass.
Second, I believe she moved over as he was attempting to pass. But its not completely clear whether he was passing on the road or on the sidewalk. Had this occurred on the sidewalk, the assumed guilt is on the cyclist. Once you see the jogger you need to give them the clearance to pass.
04-03-18, 05:47 PM
#74
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i'd say you are quite incorrect here. the cyclist was in front of the jogger, which meant the cyclist had the right of way, and thus, no duty to accommodate the jogger. in any case, just as in a motor vehicle, the "vehicle" behind approaching the "vehicle" in front has the duty to approach (and pass) safely.
Any road user overtaking any other shall keep out of the way of the road user being overtaken. When a road user is in any doubt as to whether he/she is overtaking another, he/she shall assume that this is the case and act accordingly.
One could only hope they could enforce such a practice in grocery stores!
04-04-18, 03:44 PM
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Perilli was jogging behind the trio when he caught up with them and tried to pass the girl on the right. The girl testified that she had moved closer to the sidewalk after she looked back and saw Perilli about to pass.
The girl also testified that when she looked back again, the jogger had fallen behind. No longer expecting him to overtake them, she moved back into her spot farther from the sidewalk.
The girl also testified that when she looked back again, the jogger had fallen behind. No longer expecting him to overtake them, she moved back into her spot farther from the sidewalk.
