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PostPosted: Thu Jul 29, 2010 18:41 
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weepej wrote:
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Widespread press reports have been arousing anti-cyclist sentiments as motor vehicle lobby groups mistakenly claim the change means drivers would automatically be considered at fault.

I take your point about the difference between culpability and liability, but your earlier description (the mitigation) still doesn't tie up.

IMO: making folks liable who aren't at any fault, as well as removing liability for those who are at fault, is not the sign of an enlightened society.

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PostPosted: Thu Jul 29, 2010 18:53 
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Steve wrote:
IMO: making folks liable who aren't at any fault, as well as removing liability for those who are at fault, is not the sign of an enlightened society.


It is a purely pragmatic arrangement predicated on the relative vulnerability of motorised and other road users. It does not lead to major injustices in those jurisdictions where it is practiced. It neither makes people who are not at fault liable nor removes liability from those who are at fault; it merely changes the burden of proof.

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PostPosted: Thu Jul 29, 2010 19:15 
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Johnnytheboy wrote:
Weepej: would you support a similar strict liability arrangement between cyclists and pedestrians, i.e. cyclists assumed to be at fault in any collision?


Absolutely!

Strict liability for all!

That should calm everybody down a fair bit!

For instance I cringe at the speed some cyclists go through hyde park at in close proximity to pedestrians/dogs, happy to see them done if they collide with somebody that steps out in front of them if they can't prove they couldn't have avoided the collision.


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PostPosted: Thu Jul 29, 2010 19:27 
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Damn! There goes my chance to accuse you of hypocrisy!

:bighand:

OK, what about cars and lorries? Or cars and motorbikes?


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PostPosted: Thu Jul 29, 2010 19:30 
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Johnnytheboy wrote:
cars and lorries?


Lorries

Johnnytheboy wrote:
cars and motorbikes?


Cars.

Obviously a 1.1 litre Nissan Micra smacking up a 2.2 litre triumph Rocket or vice versa would need some technical decision so it's not all black and white, but you get the picture.


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PostPosted: Thu Jul 29, 2010 19:38 
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Hmmm.

It just seems really complicated compared to blaming the person who was at fault (or even better, just trying to prevent future reoccurrences).

If as you say, if a really small car hits a really big motorbike, do we call it quits?


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PostPosted: Thu Jul 29, 2010 20:22 
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Johnnytheboy wrote:
If as you say, if a really small car hits a really big motorbike, do we call it quits?


I'm sure any grey areas could be resolved with a bit of thinking, but to me the principle is sound.

It would calm pretty much everybody right down I reckon.


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PostPosted: Thu Jul 29, 2010 20:24 
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dcbwhaley wrote:
It is a purely pragmatic arrangement predicated on the relative vulnerability of motorised and other road users. It does not lead to major injustices in those jurisdictions where it is practiced. It neither makes people who are not at fault liable nor removes liability from those who are at fault; it merely changes the burden of proof.

Not quite, it assumes a burden of proof. Given that, I don't believe there hasn't been any injustices.

I don't see anything pragmatic about abrogating one's responsibilities.
If we're truly worried about the vulnerability of road users, well you can see what I already said about that here (jaywalking).

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PostPosted: Thu Jul 29, 2010 20:55 
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In maritime law, the responsibility lies with smaller vessels to keep out of the way of larger vessels - because of the laws of physics.
With the railways, it's your fault if you get hit by a train - because of the laws of physics.
But on the roads, the laws of physics have to take a back seat to someone's assumed right of way :roll:

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PostPosted: Thu Jul 29, 2010 21:35 
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Pete317 wrote:
In maritime law, the responsibility lies with smaller vessels to keep out of the way of larger vessels - because of the laws of physics.

Sail before steam isn't it?


Pete317 wrote:
With the railways, it's your fault if you get hit by a train - because of the laws of physics.

If you go on a railway without proper authorisation you are trespassing.

Pete317 wrote:
But on the roads, the laws of physics have to take a back seat to someone's assumed right of way :roll:


Yup the roads are a public space, it's the motor vehicle that's the alien. You need to be licensed and part of that agreement is that you don't kill people.


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PostPosted: Thu Jul 29, 2010 21:50 
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Steve wrote:
Not quite, it assumes a burden of proof.


Sorry squire, not reading your banter. How can you assume a burden of proof?

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PostPosted: Thu Jul 29, 2010 21:53 
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Pete317 wrote:
In maritime law, the responsibility lies with smaller vessels to keep out of the way of larger vessels


Not on the open sea it doesn't. That rule only applies to a ship who is "constrained by her draught" so as to be unable to follow the normal rules of the road.

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PostPosted: Thu Jul 29, 2010 22:01 
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weepej wrote:
Yup the roads are a public space, it's the motor vehicle that's the alien.


Anyone with that sort of attitude who lived in the 18th or 19th century would have been likely to have met their end under hoof or wagon wheel.

And what are drivers if they're not members of the public? On second thoughts, don't answer that one.

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PostPosted: Thu Jul 29, 2010 23:03 
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Apologies for the temporary thread locks. A foible caught me out whilst I was doing maintenance.


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PostPosted: Thu Jul 29, 2010 23:08 
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dcbwhaley wrote:
Steve wrote:
Not quite, it assumes a burden of proof.


Sorry squire, not reading your banter. How can you assume a burden of proof?

I don't know, but that's what weepej is calling for!

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PostPosted: Fri Jul 30, 2010 07:18 
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Steve wrote:
dcbwhaley wrote:
Steve wrote:
Not quite, it assumes a burden of proof.


Sorry squire, not reading your banter. How can you assume a burden of proof?

I don't know, but that's what weepej is calling for!


No he, and I, would like to impose the burden of proof on the motorist. Assume nothing

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PostPosted: Fri Jul 30, 2010 10:40 
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weepej wrote:
Johnnytheboy wrote:
If as you say, if a really small car hits a really big motorbike, do we call it quits?


I'm sure any grey areas could be resolved with a bit of thinking, but to me the principle is sound.

It would calm pretty much everybody right down I reckon.


No it wouldn't. It would make some road users more and some less responsible for their actions. Not a good idea. We should all strive to be equally responsible.


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PostPosted: Fri Jul 30, 2010 22:00 
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Right Weepy - analyse this one - woman walks out of specsavers shop in PEDESTRIAN ZONE ,with large eyepatch .As she does so , yoof on bike neatly knocks her down ,but for reactions of her hubby ( a car driver) .
So in your opinion ,woman would be at fault for thinking she could walk safely ,free from fear of yobby bikers in a PEDESTRIAN ZONE .
That's my take on your way of thinking .The woman was my wife . The yob got away ,because I couldn't catch him on foot .If I had ,he'd perhaps be needing Big Tone's help .

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PostPosted: Fri Jul 30, 2010 22:51 
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anyway, back on topic..

I think we are all in agreement that if you hit a stationary vehicle, you are a bit of a c*ck.

Some kids throw a rock at a truck. Rock breaks window and truck stops. Vehicle following truck hits truck and someone dies.

The kids are not directly responsible for killing the passenger, but them hossing rocks at the traffic didn't do anything to help matters. One might well imagine, that if the cops holding the kid, they might think that they can get a prosecution.


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