ComedyPilot
Secret Lemonade Drinker
- Location
- The Kingdom of Yorkshire
No.
Family of dead cyclist sued by driver that killed him.
- Thread starter MikeG
- Start date
Page may contain affiliate links. Please see terms for details.
The dead pedestrian was a millionaire and was well insured.
ComedyPilot
Secret Lemonade Drinker
- Location
- The Kingdom of Yorkshire
No.
Every road user has a personal responsibility for themselves and towards vulnerable road users.
In your scenario the cyclist is going too fast for the conditions. Regardless of whether the ped is Branson/Rockerfeller/Prince Charles or me, the cyclist (as the fast moving vehicle) is responsible and should have been anticipating the possibility of a ped just stepping out.
The ped having died has already paid the price for their actions in full.....
Every road user has a personal responsibility for themselves and towards vulnerable road users.
In your scenario the cyclist is going too fast for the conditions. Regardless of whether the ped is Branson/Rockerfeller/Prince Charles or me, the cyclist (as the fast moving vehicle) is responsible and should have been anticipating the possibility of a ped just stepping out.
The ped having died has already paid the price for their actions in full.....
Wow, these thought experiments of yours are pretty challenging. I'll need several days to think about this one.
The pedestrian who caused the collision did die, his life insurance has paid out £1M to his family. He had house insurance including 3rd party liability.
You are a paraplegic as a result of the collision, your spouse and kids have no income.
Do you seek compensation from the deceased's estate ie his insurance company?
MontyVeda
a short-tempered ill-controlled small-minded troll
- Location
- Lancaster... the little city.
what's this hypothetical nonsense got to do with the OP?
I would remove the pejorative term "killed" from that, and rephrase as follows:
"Are there any scenarios in which it is right for a person who survives a traffic accident in which the person who was at fault for the accident died should sue the estate of the deceased person who was at fault for the accident?"
In practice, there are many car-on-car accidents where the person causing the accident dies and their insurance compensates the survivors.
I am bemused, but not surprised, that some would seem to exempt an at fault cyclist from similar logic: Surely it all turns not on what category each participant was from, but who was at fault for the accident?
The logic of some would seem to suggest that if a motorist ploughed into the back of a cyclist, then swerved, crashed and died then the driver having died has already paid the price for their actions in full..... and the injured cyclist should have no claim on the deceased's estate or insurance.
ComedyPilot
Secret Lemonade Drinker
- Location
- The Kingdom of Yorkshire
The OP victim is the one being sued by the driver that ploughed into him and his 2 friends.
Quite what that has to do with a ped stepping out on a cyclist is beyond me. The scenario @PK99 set up changed a couple of times.....in an attempt to get a yes out of me?
As I am more than willing to stand by, my opinion is that ANY road user should be on the lookout for vulnerable/unlit/unpredictable peds/road users, and take any action possble to avoid a collision. Most bicycles I know travel in a forwards direction, so the area of conflict (for argument sake) is going to be somewhere in front of the cyclist. Without wanting to sound like a stuck-record, if you can't bring your vehicle (bike) to a stop in the distance you can see to be clear in front of you, then you are going too fast.
As I ride along I constantly scan for anyone/anything on a converging course, and already have a plan to stop or avoid if they 'suddenly' step out. I apply the same to driving.
The driver in @PK99 's last post is another scenario altogether. Of course the cyclist should claim on their insurance, the driver 'ploughed' into the back of the cyclist. In the other made-up scenario the ped stepped out without looking and the cyclist couldn't stop in time and crashed. IMO the cyclist should have been watching out for that possibility and ridden accordingly, so how they then have a claim on the ped is a strange one.....
Quite what that has to do with a ped stepping out on a cyclist is beyond me. The scenario @PK99 set up changed a couple of times.....in an attempt to get a yes out of me?
As I am more than willing to stand by, my opinion is that ANY road user should be on the lookout for vulnerable/unlit/unpredictable peds/road users, and take any action possble to avoid a collision. Most bicycles I know travel in a forwards direction, so the area of conflict (for argument sake) is going to be somewhere in front of the cyclist. Without wanting to sound like a stuck-record, if you can't bring your vehicle (bike) to a stop in the distance you can see to be clear in front of you, then you are going too fast.
As I ride along I constantly scan for anyone/anything on a converging course, and already have a plan to stop or avoid if they 'suddenly' step out. I apply the same to driving.
The driver in @PK99 's last post is another scenario altogether. Of course the cyclist should claim on their insurance, the driver 'ploughed' into the back of the cyclist. In the other made-up scenario the ped stepped out without looking and the cyclist couldn't stop in time and crashed. IMO the cyclist should have been watching out for that possibility and ridden accordingly, so how they then have a claim on the ped is a strange one.....
Last edited:
glenn forger
Guest
If your vehicle collides with three people and kills them you are probably at fault.
If your vehicle collides with three people from behind and kills them you are almost certainly at fault.
If your vehicle collides with three people from behind and kills them as you are speeding you are definitely at fault.
If your vehicle collides with three people from behind and kills them you are almost certainly at fault.
If your vehicle collides with three people from behind and kills them as you are speeding you are definitely at fault.
A driver pulls out of a driveway and a cyclist rides into the side of them. In your logic, the cyclist has no claim on the driver?
MontyVeda
a short-tempered ill-controlled small-minded troll
- Location
- Lancaster... the little city.
why are you still making sh!t up instead of discussing the OP?
Tin Pot
Guru
Because some people think through the implications of the OP and responses, rather that spout ill thought out opinions.
