Family of dead cyclist sued by driver that killed him.

[summerdays]

I'm speaking in the matter of these idiots on their bikes.
My question would be why are you not prepared for such events. You should have lights fixed to your bike

I can't leave lights attached to my bike as they wouldn't be there when I went to unlock it and ride home, occasionally lights get turned on in my bag draining the battery, and at this time of year it's normally light when I'm cycling so I don't routinely carry lights. And if I carried enough stuff for every eventuality my bag would be twice the weight it is! My point was that unplanned things happen.

 

[jefmcg]

While I think the driver is an arse, I remember driving down a well lit suburban road, with my headlights on, when I noticed something white on the road. First I thought it was rubbish, then I decided it may be a cat, so swerved to avoid it. As I passed, I realised they were white trainers and someone was wearing them. I'm not sure how she was so invisible, but if she had been wearing dark shoes, I would have hit her full on - 60 kph - and probably killed her. I wasn't distracted, I wasn't looking away just somehow she was perfectly camouflaged.

Just saying.

 

[Globalti]

The litigation industry has reached the absolute rock bottom with this one. If I was the judge I would award her one dollar.

 

[mrandmrspoves]

In 1980 while out cycling with my Grandfather, we were both hit from behind by a motorist that didn't see us and drove straight through the back of both of us on a straight stretch of unrestricted road. Before the collision, my grandfather was about 6 feet behind me - but he and the bicycle were thrown in front of me and eye witnesses stated that I was thrown about 20 feet into the air.
My Grandfather was killed and I sustained a fractured Tibia at the knee joint. When we sued for damages, the motorist's insurer tried to counter claim that my Grandfather had wobbled into the path of her car and then it was him and his bicycle that knocked me off my bicycle, therefore any damages that I claimed should be against his estate. I forgive the lady that hit us, any motorist can have a lapse of concentration or fail to see something - but I hope that the scum bags that tried to defend her by accusing my deceased Grandfather have a long and very miserable life! Needless to say with eye witnesses evidence and the work the police crash scene investigators did the claims made by her insurers were proven to be absolute lies.
So these cases are not just things that happen abroad. Despite my own experience, I can see that a person who is acting outside of the law and causes a fatal accident in which they die, may be considered liable for damages to someone traumatised as a result of their behaviour. The counter argument though, is that motorists should only ever be travelling at a speed that is within their stopping distance - which means if you hit something/someone in the road, even if not illuminated, it is still at least partially your fault.

 

[albion]

I can really see the eventual outcome of all of this.

Now that certainly won't be in the highway code.

 

[gavintc]

It's USA I think but I presume similar rules. , however they could just as easily been walking pushing their bikes and she probably would still have hit them.

Not the USA, it was CANADA!!! Just checked and it is not far from where my wife grew up. I must show her this article.

 

[albion]

A speeding drive. Report said reflectors were ineffective yet a friend of the killers policeman husband did the investigation .

And seemingly it is unsubstantiatedly claimed she was texting her policeman husband driving behind at the time.
I bet the time and date stamped text records could be found on the network if an independent investigation ever takes place.

 

[dan_bo]

daffodils.

 

[Accy cyclist]

A lesson to all that lights and reflectors will greatly reduce the chances of this happening to you,or your family! All this talk of "drivers should be prepared for any unlit things on the road" is unfair to drivers. As a motorist i've had near incidents with unlit cyclists. I wouldn't sue them or their family if i hit them but i wouldn't blame myself and let it affect my life in the first place.

 

[Pale Rider]

The family of the dead cyclist began a claim last March.

The claim against them began in December.

So it seems there is an element of tit for tat or claim and counter claim.

We will never know, but it may be the motorist would not have claimed had legal action not been taken against her first.

 

[Andyg63]

Because the accident she caused has spoiled her quality of life, or something......

A very sad person, hope they reopen the investigation and find her guilty
Andyg63

 

[Brandane]

I wish I could sue someone for every event I have experienced which has adversely affected my quality of life. I would be very rich!
I do sympathise with the driver here, but not to the extent that she should be making money out of it. It was no doubt a traumatic experience, but money won't make that go away.

 

[winjim]

I wish I could sue someone for every event I have experienced which has adversely affected my quality of life. I would be very rich!
I do sympathise with the driver here, but not to the extent that she should be making money out of it. It was no doubt a traumatic experience, but money won't make that go away.

It might help pay for some counselling.

 

[Cycleops]

i was hit by a car when i was 15 the police watched the whole accident and there was no doubt it was the car drivers fault yet he still tried to sue me for £8000 damages to his car that my body had done when he hit me there just no sense in the law at times

This would have been brought by the drivers insurance company in an effort to get some money back. Part of the games played by these people.

 

[shouldbeinbed]

I can't leave lights attached to my bike as they wouldn't be there when I went to unlock it and ride home, occasionally lights get turned on in my bag draining the battery, and at this time of year it's normally light when I'm cycling so I don't routinely carry lights. And if I carried enough stuff for every eventuality my bag would be twice the weight it is! My point was that unplanned things happen.

slight devils advocate but not having/using lights and excusing it does annoy me.

you can get lights that permanantly affix to bikes.

if your lights switch on in your bag either get lights with a better switch, remove or carry some spare batteries if the AA type (2 or 4 are REALLY that much extra bulk & weight?) or disconnect the power pack from the light if its of that type. You recognise a problem and refuse to mitigate it.

I barely ever drive my car after dark in the summer, (accepting its illegal but in 28 years of having a car I have never once been pulled over in daylight and asked to prove the lights work) would it be morally ok for me to remove the bulbs to save the wear and tear of potholes on wafer thin filaments between April and September?
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*general opinion not aimed at summerdays*
its not as if we're being expected to drag a prisoners iron ankle ball around with us and if the aesthetic of even a tiny pair (lezyne femto for e.g.) of cheap totally unobtrusive get you seen in an emergency lights causes someone inconvenience or concern then I'd suggest they seek professional help.