Who is at fault and how should it be dealt?

In article
,
" wrote:

If you were the cyclist with the wrecked frame,
what would you be thinking?

I'd be thinking, what was I thinking riding with these f'ing ******s?

That doesn't solve your immediate problem of a wrecked frame.
--

In article
,
" wrote:

On Nov 21, 7:39 am, Artoi wrote:
Excuse the cross-posting but I think this could be interesting for
discussion.

Came across this hypothetical scenario on a cycling forum...

Several riders are returning from their weekend club ride and are riding
together in a bunch. One cyclist signals turning and another cyclist,
riding second wheel in the group, looks back to wave him an extended
farewell. In the meanwhile, the cyclist at the head of the bunch signals
stopping at a congested round-about, slowing to an almost complete stop.
the cyclist waving his mate fails to heed the signal, and the loud
warnings of others behind him, and collides with the cyclist at the head
of the bunch writing-off his expensive carbon fiber frame.

Who is at fault here? If you were the cyclist with the wrecked frame,
what would you be thinking? What would you expect of the rider who
rammed you from behind?

Don't look back. Glance. Real quick.

Because otherwise, you'll run into someone or something-- it's a
setup; nothing ever happens until you have your head turned.

What kind of new frame are you going to get g? --D-y

Not me. It was a hypothetical setup by a buddy who knows of a similar
case. As the case caused quite a heated debate within our club, I just
want to get the view on this in the wider cycling community.
--

In article
,
Pete wrote:

That said, if you aren't looking where you're going and you hit
something, you're pretty much automatically at fault, especially if
what you hit is in the right place. So - IMO, guy at the front gets a
new bike (in the same price range, not taking the **** with a 5 grand
colnago) and the guy not looking pays.

Did you take into account of the fact that it was a voluntary club bunch
ride? An activity with known risks?
--

In article ,
"xzzy" wrote:

At least in the U.S., the negligent rider's homeowner's or renter's
insurance policy probably includes personal liability coverage that
would usually apply to an accident other than a motor vehicle accident.


any info regrarding this for a negligent rider in Colorado would be helpful

Are there insurance coverage with your racing license there in the US?
--

Artoi wrote:


Who is at fault here? If you were the cyclist with the wrecked frame,
what would you be thinking? What would you expect of the rider who
rammed you from behind?
--

Clearly, IMO, the fellow who rammed from behind. It's his duty to make
sure the way is clear for him to proceed. He failed to do so by looking
backwards.

In article , mrbikejoc1
@comcast.net says...
At least in the U.S., the negligent rider's homeowner's or renter's
insurance policy probably includes personal liability coverage that
would usually apply to an accident other than a motor vehicle accident.


any info regrarding this for a negligent rider in Colorado would be helpful

The rider should contact his/her own insurance agent to see if the
policy in question has appropriate coverage.

I'm not licensed in Colorado and haven't seen the individual's insurance
policy, so I can't be more specific than that.

--
is Joshua Putnam
http://www.phred.org/~josh/
Braze your own bicycle frames. See
http://www.phred.org/~josh/build/build.html

wrote:


Assuming this is a ride on an ordinary public road, not a closed
course, not an organized event, the rider who failed to stop is very
likely at fault, given the information provided. From the
description, he's lucky he had an accident with the lead cyclist,
rather than blindly riding into traffic in a congested roundabout,
adding injuries to his failure to yield.

Forgetting legal liability for a moment, I've paid in similar circumstances.

The similar situation: Club ride with standard waiver. We've reached our
destination and are sightseeing a historic district. One rider points out a
landmark. I look to the left to see it. The two riders immediately in front
of me stop (I did not hear/heed their warning, although the rider behind me
did hear them and stop.). There was less damage -- a badly bent rim that was
capable of being trued enough to be ridden back 40 miles home with the brake
disabled.

I looked at it this way: I can make a friend or lose a friend. For the cost
of a new wheel I can look like a generous person or like an asshole. I
immediately offered to pay for a repair or a new wheel. (I ended up paying
for a used wheel he found.)

I'm just reporting my choice in an actual situation, not trying to make a
universal statement about a "hypothetical" situation.

In article
,
SLAVE of THE STATE wrote:

On Nov 21, 5:39 am, Artoi wrote:
Excuse the cross-posting but I think this could be interesting for
discussion.

Came across this hypothetical scenario on a cycling forum...

Several riders are returning from their weekend club ride and are riding
together in a bunch. One cyclist signals turning and another cyclist,
riding second wheel in the group, looks back to wave him an extended
farewell. In the meanwhile, the cyclist at the head of the bunch signals
stopping at a congested round-about, slowing to an almost complete stop.
the cyclist waving his mate fails to heed the signal, and the loud
warnings of others behind him, and collides with the cyclist at the head
of the bunch writing-off his expensive carbon fiber frame.

Who is at fault here?

The dumbass that rear-ended the other dumbass.

If you were the cyclist with the wrecked frame,
what would you be thinking?

Did Robert make his afternoon training ride? Is Ryan drunk? Is Don
looking at porn? Why is my math whacked? Why do french lawyers need a
"just kidding" and a smiley face? When will the g-d shed be
finished? Why am I cold? This elastic sucks. Why am I so
fat? ...

CCCAAANNN'''''''''TTTTT TTTTUUURRRNNN IIIITTTT OOOFFFFFFFFFF!
MUST BREAK LOOP! MUST BREAK LOOP!!!!!!!!!..........

What would you expect of the rider who
rammed you from behind?

There is no way a socially responsible individual can replace the
carbon frame with another carbon frame. Since everything in the world
is about global warming, the carbon footprint must reduced at all
costs. Carbon frame: a no-no. Therefore, I suggest a Ti or Al frame
replacement. (Steel has carbon in it. Terrible.)

BTW, this is the best advice in the whole thread. Heed it.

--
Ryan Cousineau http://www.wiredcola.com/
"My scenarios may give the impression I could be an excellent crook.
Not true - I am a talented lawyer." - Sandy in rec.bicycles.racing

wrote:

The rider should contact his/her own insurance agent to see if the
policy in question has appropriate coverage.

Or, if it's a Bianchi, contact the manufacturer directly.
Did the frame break directly behind the bottle cage mounts?

Artoi wrote:
As the case caused quite a heated debate within our club, I just
want to get the view on this in the wider cycling community.
--

*Looks at waistline*

Oh... not that sort of wider cylist.


G-S