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Old June 28th 19, 11:51 AM posted to rec.bicycles.tech
Sir Ridesalot
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Default Sue or go bankrupt?

On Friday, June 28, 2019 at 5:46:10 AM UTC-4, Chalo wrote:
Thing is, a ped is wildly unlikely to hurt anyone by running into them. So it's not the ped's ethical responsibility to mitigate the risk that's being imposed unilaterally by a cyclist, the same way it's not a cyclist's ethical duty to mitigate the lethal risks unilaterally imposed by car drivers..

The one who brings the hazard into a situation is the one responsible if anybody gets hurt. That's basic golden-rule level stuff. Exporting responsibility to the victims is just wrong.


However in this case it appears as though it was the pedestrian who was responsible who brought the hazard into the situation. Had she NOT been on her cellphone she most likely would not have stepped into the bicyclist's way. Had that been a motor car or lorry that struck would the driver of the vehicle been judged to be at fault? Or is the Law stating that the operator of any vehicle on the road must be aware of and able to avoid any pedestrian who suddenly steps out into the roadway? Too me that seems pretty ridiculous as there are many times (and this looks like one of them) when pedestrians do totally unexpected things. Just because it's a pedestrian is imho no reason to shift the responsibility/blame to the operator of a vehicle.

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