Family of dead cyclist sued by driver that killed him.

[summerdays]

You have an increased chance of seeing them if you aren't exceeding the speed limit.

 

[vickster]

Doesn't the highway code actually say that a cyclist should have lights when riding on the road in the dark?! OK, never heard of anyone being done for no pedal reflectors, but it is technically possible!

At night your cycle MUST have white front and red rear lights lit. It MUST also be fitted with a red rear reflector (and amber pedal reflectors, if manufactured after 1/10/85). White front reflectors and spoke reflectors will also help you to be seen. Flashing lights are permitted but it is recommended that cyclists who are riding in areas without street lighting use a steady front lamp.
Law RVLR regs 13, 18 & 24

Not that the legal action being taken is right

 

[Cycling Dan]

You have an increased chance of seeing them if you aren't exceeding the speed limit.

Arguably more chance being seen if you use lights at night.

 

[vickster]

It depends on the case.
A cyclist without lights can be invisible depending on the lighting and you may only see them once they hit the top of your beam or bonnet.
Varies of factors but it is America after all. You can sue for anything

Canada...they don't much like being called Americans (especially the French ones)

 

[MikeG]

Doesn't the highway code actually say that a cyclist should have lights when riding on the road in the dark?!..........
Law RVLR regs 13, 18 & 24

This is Canada, Vickster. They probably have the same basic codes as us, but it isn't our HIghway Code.

 

[summerdays]

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.

 

[PK99]

It could and should be messy ... the equally valid counter argument is that she should have seen them and been able to stop.

What if it had been a pedestrian, a car with an electrics failure..........

A pedestrian in dark clothing in the middle of the road would be auditioning for a Darwin Award.

A car would have more than the minimal reflectors referred to in the report

 

[vickster]

No, it was more previous comments about hitting deer and pedestrians, they aren't required to use lights. I am not familiar with Canadian law but I can't see it would be especially different

 

[Cycling Dan]

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.

What idiot walks their bike on the road with no lights??
It's like your asking to be hit by something.

Getting hit at pitch black night with no lights is like juggling with a loaded gun and wondering why you got shot

 

[User169]

Interesting. Much as I feel sorry for the parents it seems this is another case of "it's not up to me to do anything to protect myself - it's always somebody elses fault" and that includes when I'm breaking the law and riding without lights. Yes I have seen the effects killing someone by accident can produce and it can be pretty devastating. If the story had been the other way around and it had been another car there would have been NO sympathy for the driver of an unlit car. Or is it that as cyclists arn't forced to have any [even 3rd party] insurance anyone else injured or with any losses due to a cyclist just has to put up with it ? As an adult [and yes he was old enough to be responsible] if you cause another person damage [and carrying death on your concience for life is just that] through your own recklesness or stupidity then you should expect to pay a price.

A steaming pile of horseshit from start to finish: the fact that plenty will be prepared to agree with you just shows how in thrall to the private automobile we seem to have become.

If you choose to operate highly dangerous machinery in public space, you should be expected to do so safely, and that should reasonably cover looking out for the more vulnerable, including children on bicycles irrespective of how well illuminated they are. If operating standards were so lax in a company environment, the operators would be fired and the directors looking at corporate manslaughter charges. Why lower standards of care are routinely deemed acceptable in public is baffling.

 

[summerdays]

What idiot walks their bike on the road with no lights??
It's like your asking to be hit by something.

Getting hit at pitch black night with no lights is like playing with a loaded gun and wondering why you got shot

Someone who didn't plan to be out that late, I've done it on rare occasions, if there isn't a pavement then you have to be on the road.

 

[Cycling Dan]

Someone who didn't plan to be out that late, I've done it on rare occasions.

Walk home on path then

 

[summerdays]

For a start there isn't a path immediately outside my house, I usually manage to get to my house in the dark ok (though it's rare that I'm out late enough for the street lights to be off).

 

[Cycling Dan]

For a start there isn't a path immediately outside my house, I usually manage to get to my house in the dark ok (though it's rare that I'm out late enough for the street lights to be off).

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

 

[T4tomo]

Certainly don't ride 3 abreast on a dark road.

Madness to sue the estate though, but that's transatlantic culture for you.