willcove wrote:
SafeSpeed wrote:
In law, as I understand it, a cyclist is pretty much a pedestrian. The test that would be applied after the event is not 'was the cyclist obeying the rules' but 'would the driver have been able to avoid a similarly visible pedestrian'. When this test fails (i.e. the driver would not have been able to avoid s a similarly visible pedestrian) then I think the offence of careless (or dangerous) driving is probably complete.
http://tinyurl.com/yko92x - gives case histories in which the offence of DWDCA is defined,
Quote:
In summing up, the judge said that a person is guilty of Careless Driving if the driving falls below the standard expected of a reasonable, prudent and competent driver in all the circumstances of the case.
So, if a reasonable, prudent and competent driver would not have seen a stealth cyclist or pedestrian in time then a driver who is involved in a collision with that stealth cyclist or pedestrian has committed no offence.
Of course, the conditions would need to be just right (or should that be wrong) for a reasonable, prudent and competent driver not to see the other person, but it does mean that the law does not require drivers to be clairvoyant or possess superhuman eyesight.
All you say is correct, but the courts and I would tend to disagree that a 'competent and careful driver' would fail to see a conflicting pedestrian or cyclist in normal conditions, irreespective of the 'brightness' of that pedestrian or cyclist.
I can imagine circumstances of suddenly compromised vision where there may be little a driver can do. Examples might include a windscreen suddenly made opaque by splashed mud, or sudden 'blindness' caused by the sun appearing from behind a hill or building and shining unexpectedly in a driver's eyes.
But while visibility remains predictable we have a duty to ensure that we can stop within the distance that we can see to be clear. I have never (as far as I recall) encountered a pedestrian or cyclist who was so hard to see that I've been tricked into failing to see them. I'm not saying it couldn't happen - but it's surely very rare indeed.