Strict liability

Strict Liability in Cycling Laws:

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

Any comments from lawyers?

--
- Frank Krygowski

On Sun, 30 Sep 2018 15:06:36 -0400, Frank Krygowski
wrote:

Strict Liability in Cycling Laws:

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

Any comments from lawyers?

I think I've mentioned before that Thailand has a similar practice in
that the larger vehicle is deemed to have been at fault subject to
proof of malfeasance on the part of the other vehicle.

In other words if, as in the study, you enter an intersection with the
right of way and someone hits you they will bear the costs of
replacing equipment, medical costs, and if you die they will be
required to pay compensation to your family as well as all funeral
costs.

I'm not sure but from reading the news I believe that failure to pay
can result in a criminal charge of vehicle homicide or something
similar.

Given that Thailand has the second highest level of vehicle accidents
in the world it apparently doesn't have much effect on numbers of
"accidents" but it does simplify the aftermath.
--

Cheers,

John B.

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?

--
- Frank Krygowski

On another site Dutch cyclists have said that even in Holland cars are now assuming right-of-way and forcing bicyclists off of roads.

On Monday, October 1, 2018 at 11:41:57 AM UTC-7, 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?

--
- Frank Krygowski

On another site Dutch cyclists have said that even in Holland cars are now assuming right-of-way and forcing bicyclists off of roads.

I should add that my cop pal who was stationed in Italy said that bicyclists even there were treated as in the way. All over the world people believe that the expense of cars gives them more right to the roads.

sltom992 wrote:

I should add that my cop pal who was
stationed in Italy said that bicyclists even
there were treated as in the way. All over
the world people believe that the expense of
cars gives them more right to the roads.

Also the perceived security and privacy behind
the windshield makes for immature barking and
bad blood around the world.

--
underground experts united
http://user.it.uu.se/~embe8573

On Sunday, September 30, 2018 at 3:06:39 PM UTC-4, Frank Krygowski wrote:
Strict Liability in Cycling Laws:

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

Any comments from lawyers?

--
- Frank Krygowski

Not a lawyer.

Sometimes I think that stricter liability laws are needed for motor vehicles. Then again sometimes bicyclists need to be held accountable.

There was a case here about two weeks ago when a bicyclist ran a red light and paid the ultimate penalty. She was killed by a large truck that had the green light.

I see so many bicyclists blowing red lights or stop signs that I wonder why more of them aren't hit.

I've also seen many motorists do such idiotic dangerous things whilst driving that I wonder why there aren't more motor vehicle accidents too.

It's really too bad that so many users of the road won't follow the rules of the road or use simple common sense. Perhaps if they did the accident and fatality rates would drop significantly?

Cheers

On 10/6/2018 8:32 AM, Sir Ridesalot wrote:
On Sunday, September 30, 2018 at 3:06:39 PM UTC-4, Frank Krygowski wrote:

I've also seen many motorists do such idiotic dangerous things whilst driving that I wonder why there aren't more motor vehicle accidents too.

Actually, one reason there aren't a lot more motor vehicle accidents is
that the normal rules of the road are pretty well designed. For example,
everyone driving the same direction drives on the same side of the road.
(That was once a novel concept.) And at intersections, lane choice is
governed by destination - that is, left turners are in the left lane,
right turners in the right lane, and so on. All this was worked out from
scratch by Mr. Eno somewhere around the year 1900.
https://en.wikipedia.org/wiki/William_Phelps_Eno

Relevance to bicycles? Many of the new "innovative" bike facilities
violate those very sensible rules. Bi-directional "protected" bike lanes
have half the cyclists entering intersections from the wrong direction
(and at the intersections, the "protection" vanishes). Even normal bike
lanes have straight-ahead cyclists riding to the right of right-turning
cars.

What could go wrong?


--
- Frank Krygowski

On Sat, 6 Oct 2018 05:32:35 -0700 (PDT), Sir Ridesalot
wrote:

On Sunday, September 30, 2018 at 3:06:39 PM UTC-4, Frank Krygowski wrote:
Strict Liability in Cycling Laws:

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

Any comments from lawyers?

--
- Frank Krygowski

Not a lawyer.

Sometimes I think that stricter liability laws are needed for motor vehicles. Then again sometimes bicyclists need to be held accountable.

There was a case here about two weeks ago when a bicyclist ran a red light and paid the ultimate penalty. She was killed by a large truck that had the green light.

I see so many bicyclists blowing red lights or stop signs that I wonder why more of them aren't hit.

I've also seen many motorists do such idiotic dangerous things whilst driving that I wonder why there aren't more motor vehicle accidents too.

It's really too bad that so many users of the road won't follow the rules of the road or use simple common sense. Perhaps if they did the accident and fatality rates would drop significantly?

Cheers


As an addendum, I recently read a DOT report (DOT HS 812 232)
published in May 2016 that stated that:

"About one-fourth (24%) of the pedalcyclists killed in 2014 had BACs
of .01 g/dL or higher, and more than one-fifth (21%) had BACs of
..08 g/dL or higher."

Perhaps Strict liability would be a good idea.
--

Cheers,

John B.