On 12/22/2010 2:30 PM, wrote:
In , Peter Cole says...

On 12/22/2010 3:32 AM, wrote:
In ,
Chalo says...

JC Dill wrote:

Here's an article that says the CHP determined the bicyclist was at
fault, not the truck driver.

http://www.mercurynews.com/peninsula/ci_16910167?source=most_viewed

The truck driver has killed people three times with his truck, and he
still gets to keep doing his job? In what other field of work
(besides so-called "policing") would that possibly be permitted? Even
if that's just dumb luck, the guy should be taken off the road in the
name of public safety.

Chalo


The truck driver didn't kill anyone. The three people who died killed
"themselves" because they were careless and stupid...not a very nice thing to
say, but very true. I rode by the accident that happened in Santa Cruz just
moments after it occured. It was not a pretty sight. Yeah, the circumstances are
a bit creepy, but again, the truck driver was not at fault.


And you know this how?

This guy struck and killed 2 cyclists in 3 years. The first victim's
parents sued and won $1.5M in a wrongful death. There were no witnesses
to the second fatality, so it's the driver's word -- a frequent case in
bike fatalities.

http://www.santacruzsentinel.com/ci_...e=most_emailed

And you know this how?


As you point out, there were no witnesses in the 2nd fatality, however there
"were" witnesses and surveillance video to the 1st fatality in Santa
Cruz...that's how we/I "know" what happened there. Additionally, Santa Cruz is
not a large town, in fact, I live withing a short walking distance from the 1st
accident site and have been cycling at or near that same location for the past
30 plus years which helps me to comprehend what occured there. I do however
need to apologize for posting my comments of "careless and stupid" in relation
to the recent 2nd fatality. That was very inappropriate on my part, and I
realize that there were no witnesses to that particular accident and by all
accounts that I have read, the cyclist involved was a skilled and careful
cyclist.


I'm curious about how his relatives could have received such a large
settlement if there were witnesses and video in the first fatality.

I'm aware that criminal and wrongful death cases may have different
burdens of proof, but from your description it seems like an obvious
conclusion that the deceased was at fault.