"The driver told his insurance he "wasn't moving at impact"

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Better road awareness of the cyclist and defensive cycling would have helped avoid that collision

Driver is still 100% at fault.

I would advise certain strategies to my kids to not be mugged. Still 100% muggers fault if they are though.
 

vickster

Legendary Member
So you'd call someone killed by a drunk driver the victim of an accident?
No because that driver should not have been in the car in the first place (it is illegal for a reason) BUT even drunk drivers don't usually drive with the intent of killing someone

What does the HC say about filtering on a bicyle? I am sure there's something about exercising caution, considering the road conditions or similar...
 

Origamist

Legendary Member
Looking at it the rider is more at fault than the driver. Unfortunately the driver's probably now hating all cyclists as a result.

This is a perplexing statement. The driver continued to pull out of a junction (without ensuring it was safe to do so) into the path of another road user who had priority. Was the cyclist wise to keep moving - that is debatable, but with hindsight the answer is clearly "no". However, it is evident that the cyclist scrubbed off speed before the minor shunt. I would hazard that he was working on the unreliable assumption that the driver had seen him and he could continue ahead slowly. It seems obvious now that the driver was looking left, in the opposite direction, judging the speed of the approaching van to see if he could execute the right turn with "stationary" traffic to his right.

As for throwing your bike on the floor - that should be the preserve of pro time-trialists who puncture and are awaiting a support vehicle.
 
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glenn forger

glenn forger

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If a drunk driver pleaded clemency on the grounds they had no intention Id treat their plea with the same regard as someone who threw a fire extinguisher at a crowd from ten floors up and claimed similar.
 

vickster

Legendary Member
If a drunk driver pleaded clemency on the grounds they had no intention Id treat their plea with the same regard as someone who threw a fire extinguisher at a crowd from ten floors up and claimed similar.
Isn't the charge usually manslaughter rather than murder (or similar), due to the lack of prior intent? (IANAL obviously)
 
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glenn forger

glenn forger

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It should be, that's what the drunk, texting Bishop has been charged with in Blatimore.
 

Profpointy

Legendary Member
Don't quite follow the righteous indignation from some here. Watched it twice now, and the car did look stationary to me. To be honest didn't even seem to be a collision, or at worst a nudge - "cyclist had to apply brakes" maybe?
Regardless of "blame" insurance wise, it was pretty dozy cycling, and driver was creeping out pretty sensibly, and stopped. Quite why the cyclist chucked his bike on the floor, and why any resulting damage is the driver's fault I really don't get.
 

Origamist

Legendary Member
Don't quite follow the righteous indignation from some here. Watched it twice now, and the car did look stationary to me. To be honest didn't even seem to be a collision, or at worst a nudge - "cyclist had to apply brakes" maybe?
Regardless of "blame" insurance wise, it was pretty dozy cycling, and driver was creeping out pretty sensibly, and stopped. Quite why the cyclist chucked his bike on the floor, and why any resulting damage is the driver's fault I really don't get.

The car was not stationary at the point of impact. Watch the video again, but only if you're really at a loose end.

The driver was not "creeping out pretty sensibly" - there was a cyclist in the lane he was moving into. Furthermore (and once again), the car had not stopped.
 
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Profpointy

Legendary Member
The car is not stationary at the point of impact. Watch the video again, but only if you're really at a loose end.

The driver was not "creeping out pretty sensibly" - there was a cyclist in the lane he was moving into. Furthermore, the car had not stopped.

half-walking pace maybe, if that's not "creeping out", I'm not sure what is
 
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