If I did, would it be my fault?

[asterix]

Just how well do you 'know' 'this case'? Sounds to me like one of those urban myths, circulated to support everyman's conviction that the law is an ass, when most of the time, it isn't.

.

The compensation would have been awarded in a civil case. The law is not the same. I don't know the case but it could fall under 'Occupier's Liability'. e.g.

http://en.wikipedia.org/wiki/Tomlinson_v_Congleton_Borough_Council

 

[slowwww]

Yes there would be contributory negligence on the cyclists part.

I think this raises an interesting point. Should somebody find themeselves in a situation where they have hit a cyclist riding without lights in the dark then they would employ a solicitor who quite rightly would look for contributory negligence due to lack of lights. However, in view of recent cases it is more than likely that he would also look for contributory negligence if the cyclist was also not wearing a helmet.
Personally i could live with my solicitor pursuing the former but not the latter.

I fully agree!

Guys, this was definitely a wake up call and certainly I will be (even more!) cautious when driving in these conditions in future.

Continuing the slightly devil's advocate theme, while adjusting my driving accordingly (and over and above a general sense of humanity and the desire to preserve life above all) am I not entitled to feel aggrieved about the stress caused and the fact that my journeys to work will be immeasurably less pleasant due to the carelessness/deathwish of another party?

 

[snorri]

No, because it woudl have reflectors on.

...but a pedestrian is not required to wear reflectors.

 

[swee'pea99]

...but a pedestrian is not required to wear reflectors.

No, they're not. But if I were taking a stroll in the middle of the night on an unlit country road, I'd be damned sure to wear something reflective *and* be very alert - wouldn't you?

 

[snorri]

No, they're not. But if I were taking a stroll in the middle of the night on an unlit country road, I'd be damned sure to wear something reflective *and* be very alert - wouldn't you?

I was just making the point that not all potential hazards are lit up and we really should drive accordingly, eg fallen trees, landslips,stuff that has fallen of a vehicle etc. etc.
It's also a tall order to expect all pedestrians to be "very alert"!

 

[swee'pea99]

I was just making the point that not all potential hazards are lit up and we really should drive accordingly, eg fallen trees, landslips,stuff that has fallen of a vehicle etc. etc.
It's also a tall order to expect all pedestrians to be "very alert"!

All true. Tho' as for the last part, it feels to me a bit like caveat emptor. Seems to me the onus is on you not to put yourself at silly risk, rather than on others not to cause you harm if you do. (It's nice if they manage not to, but they shouldn't be assumed to be obliged to compensate for your self-endangering tendencies. The *obligation* in the matter - not to put yourself at stupid avoidable risk - lies with you.)

 

[snorri]

The *obligation* in the matter - not to put yourself at stupid avoidable risk - lies with you.)

I feel entitled to expect drivers to alter course/slow down to avoid me as I walk at night on rural roads, is this too much to expect in 2013?

Edited to add "at night",and to correct spelling of "roads"

 

[swee'pea99]

I feel entitled to expect drivers to alter course/slow down to avoid me as I walk on rural roaads, is this too much to expect in 2013?

Of course not. There is, tho', quite a big difference between "walk(ing) on rural roads " and "taking a stroll in the middle of the night on an unlit country road."

 

[snorri]

I've edited post 27

 

[swee'pea99]

I've edited post 27

I don't think it's too much to expect in any year...nor do I think it's to much to expect motorists to be generally careful at night, or mindful of the fact that there are numpties out there who insist on riding bicycles in the pitch dark without any kind of visibility aids. I just think that any such numpty who cries 'Foul!' if they get hit really doesn't have much of a leg to stand on (metaphorically if, hopefully, not literally).

 

[Shortmember]

Now that the days are getting shorter and I’m driving in and going home in the dark (no bike-parking or shower facilities yet at my new office yet!) I’ve also noticed another strange phenomenon about my new place of work, which is Crawley. A truly God-forsaken place

While many of the locals use their bikes to get about, many have no lights, reflectors, reflective clothing or helmets. Bearing in mind once you get outside the immediate town centre there are many roads where the lighting is sparse at best, this is ridiculous.

In Crawley, garden spot of Sussex, the street lighting which has recently been upgraded, is usually bad because joyriders have demolished the lamposts with stolen cars they can't control, or the bulbs have been shot out with an air rifle. In this town riding a bike without lights or brakes is considered an essential part of gaining street cred and proving how fearless and butch you are......and northeners reckon us southerners are soft!

 

[theclaud]

my journeys to work will be immeasurably less pleasant due to the carelessness/deathwish of another party?

Not having lights is not a "death wish". It may be cavalier, trusting, unwise, accidental, or any combination of these things and others, but it is not a death wish. People on unlit or poorly lit bikes are generally just hoping to make it home, the same as the rest of us. They might include children, novices, people who found themselves out later than they expected, people who cannot afford lights, people whose batteries have run out, people who have had their lights nicked, people who forgot to swap their lights from another bike, people who identify as pedestrians rather than traffic, people who feel indestructible (see children above), people who forgot that there was a section of the ride without streetlights, people who are trusting those driving more dangerous vehicles to take responsibility for them, and people who make the (entirely accurate) assessment that not having lights does not miraculously render you invisible. Just slow down and look where you are going.

 

[asterix]

In Crawley, garden spot of Sussex, the street lighting which has recently been upgraded, is usually bad because joyriders have demolished the lamposts with stolen cars they can't control, or the bulbs have been shot out with an air rifle. In this town riding a bike without lights or brakes is considered an essential part of gaining street cred and proving how fearless and butch you are......and northeners reckon us southerners are soft!

QED

 

[fimm]

The bike probably did have reflectors on it as it is a legal requirement that they be sold with reflectors on. Especially pedal reflectors.
Suppose it had been a deer, or a horse?

 

[MontyVeda]

...
I personally think any cyclist who frequents darkened 50MPH-limit roads in the middle of the night with no lights is asking for trouble, and no motorist who hits one should have to deal with anything other than shock and distress...but I'm not a magistrate.

I personally hope you never become a magistrate with that attitude.