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#21
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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. -- |
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#22
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Who is at fault and how should it be dealt?
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. -- |
#23
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Who is at fault and how should it be dealt?
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? -- |
#24
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Who is at fault and how should it be dealt?
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? -- |
#25
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Who is at fault and how should it be dealt?
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. |
#26
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Who is at fault and how should it be dealt?
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 |
#27
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Who is at fault and how should it be dealt?
In aus.bicycle on Thu, 22 Nov 2007 02:11:00 GMT
Artoi wrote: With your experience, would the fact that this was a voluntary club bunch ride affect your view? Some argue that bunch rides are inherently dangerous and everyone should be responsible for their own participation, even if it was not your fault. Negligence and not keeping a proper lookout are things no club rider should have to cope with. The bod who hit was not looking where he was going. Stupid and he can't expect to get away with breaking someone else's kit. Zebee |
#28
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Who is at fault and how should it be dealt?
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#29
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Who is at fault and how should it be dealt?
On Nov 21, 6:39 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? -- I had some co-workers that were involved in a similar incident only funnier. Four of them were out for a noon ride in the late 80's when they spotted Andy Hampsten riding in the other direction. The rider at the front was so awstruck that he stopped pedaling and gawked at Andy. The rider behind was only semi-awstruck because he gawked, but kept pedaling and ran into the rider in front. It was like, "Look, there's Andy Hampsten! Crash! Crash! Crash! Three riders went down. The 2nd rider broke his frame and thought the lead rider should pay to replace it. He lobbyed the "more experienced" riders at work, including myself, hoping to get a judgement that yes indeed he was due a new frame. We all told him it was his fault and that anyway, you accept the risk. He wasn't happy with that and never rode with a co-worker again. He also never acknowledged that it was his mistake that brought the other riders down. All that over a late 80's Trek frame that you couldn't give away today. Bret |
#30
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Who is at fault and how should it be dealt?
On 2007-11-22, Zebee Johnstone (aka Bruce)
was almost, but not quite, entirely unlike tea: In aus.bicycle on Thu, 22 Nov 2007 02:11:00 GMT Artoi wrote: With your experience, would the fact that this was a voluntary club bunch ride affect your view? Some argue that bunch rides are inherently dangerous and everyone should be responsible for their own participation, even if it was not your fault. Negligence and not keeping a proper lookout are things no club rider should have to cope with. The bod who hit was not looking where he was going. Stupid and he can't expect to get away with breaking someone else's kit. I do mostly agree, with one caveat. Being the communist hippy ******* that am I, is it my responsibility to pay the full amount if I destroy your bike when 1) Your bike is more extravagent than it needs be for the purposes you are riding it for, and I should only have to pay a reasonable cost for an equivalently usable bike in the circumstances[1]. 2) Your bike is more fragile than it ought to be because it is more expensive and hi-tech etc. Why don't you have suitable insurance? I'm equally going to skip the country rather than pay for someone's luxury $200,000 status symbol of a car in the event of a failure of mine. [1] Club ride. Being able to show your status is not something I should be responsilble for. A $1500 bike is perfectly sufficient in a club training ride and is much more practical than a $8000 carbon frame. -- TimC NOT A CHANCE! I know for a *fact* the kittens aren't frightened by temporal anomalies. Clock watching simply ain't their bag. John Schmidt in ARK |
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