Yes. See above.
So you think that the driver should have been sent down for this without question?
Yes. See above.
As I have said above, this proves that there are mistakes by both parties. I can see the point about the driver having the option of stopping though. No argument there. Doesn't exonerate the cyclist nonetheless.
He didn''t need exonerating - he needed to get around without being killed.
I don't believe I've mentioned sentencing, have I? I consider that the coroner's statements are a disgrace, and that Howson killed the boy by driving negligently. The law, unfortunately, does not take very seriously the responsibility of drivers not to kill people. In these circumstances I don't think the perpetrator should ever drive again - whether it serves any purpose to send her to prison is another question.So you think that the driver should have been sent down for this without question?
He didn't deserve to die, no question. Does the driver deserve to be sent to prison?
You have failed to answer yet.
I don't believe I've mentioned sentencing, have I? I consider that the coroner's statements are a disgrace, and that Howson killed the boy by driving negligently. The law, unfortunately, does not take very seriously the responsibility of drivers not to kill people. In these circumstances I don't think the perpetrator should ever drive again - whether it serves any purpose to send her to prison is another question.
If the driver unequivocally broke the law, then they should be punished for it. I take the fact that you agree with her not being locked up, as she wasn't 100% to blame.
The responsibility is shared by the driver and (if the blind spot thing is to be credited) those on whose behalf she was driving. I am happy for the law to divvy this responsibility up, but not for it to transfer it to the victim. Not being an enthusiast of the lock-em-up-and-throw-away-the-key school of justice, my sentencing preferences tend towards the non-custodial. I'm sorry if that doesn't answer your question. Actually, I'm not really all that sorry, because your question is a distraction, but I'm a peaceable sort.
You, like others are looking at this in a linear way, how far from 50:50 the blame should lie on some blameometer. You need a second axis to factor in the balance of risk, brought to the situation and experienced.
Fair enough. Where do you think the cyclist should put themself on this risk scale when asking whether they should cross in front of a truck when riding from the pavement, without looking and listening to their headphones?
Where do they put themself on the experience scale when doing so where they have already stated that they have nearly been knocked off their bike at this very position on numerous prior occasions?
As I tried to convey earlier, the risks to each party are not the same. A momentary lapse in concentration by either party can result in death for one and a slight scratch on the paintwork for the other. For this reason we should demand a higher standard from the one who poses the risk to the other.
No matter how hard we try, people in motor vehicles hit cyclists and it is more often the driver's fault than it is the cyclist's. Drivers bring more risk to our roads and we bear more of that risk.