On 01/10/18 09:13, jbeattie wrote:
On Sunday, September 30, 2018 at 12:06:39 PM UTC-7, Frank Krygowski
wrote:
Strict Liability in Cycling Laws:

https://lawdigitalcommons.bc.edu/cgi...6&context=ealr


Any comments from lawyers?


The same reasoning does not apply to car accidents. If a motorist
violates a traffic law, he's presumed to be at fault. If a motorists
simply fails to exercise due care, he's at fault. It's not hard to
prove that a motorist is liable in the ordinary traffic accident
scenario.


Mike Hall was participating in a "race" from the Indian to Pacific
ocean, and was hit by a motorist in the early hours one morning, and killed.

His bicycle was road worthy and head and tail lights were working
properly. He was allegedly wearing legwarmers with a reflective stripe,
and more.

The driver was not charged with anything.

Read about it here...

https://cycle.org.au/index.php/artic...ikehallinquest

Then there was this
https://www.couriermail.com.au/news/queensland/cement-truck-driver-luke-stevens-found-not-guilty-over-death-of-cyclist-richard-pollett/news-story/28af7cc2ceba59042b158426ae46811b?sv=1fc61a8720cda8 485f9a3cb4dedd27cc&nk=023da7ccd7024e8cdf535d862bee f30c-1538434560

And I can recall numerous other cases where the car operator has
appeared to fail to exercise due care and attention, but is not charged,
like
https://www.dailymail.co.uk/news/article-4951312/Footage-shows-moment-cyclist-hit-car-Melbourne.html


If it was so simple to find fault as you seem to indicate, why don't our
(Australian) cops charge the drivers, and if they do, why do our juries
find the drivers not guilty?

--
JS