03-02-2015, 02:23 AM
Shockwaverider,
Why not leave the assumptions alone and leave it to the legal system?
By using your form of reasoning that a driver should be aware of their surroundings. A jurisdiction should be just as aware of the dangers when mixing cyclist with automobiles and a cyclist just as aware of what's behind and around them. Trying to establish blame is a double edge sword, for every rational argument you can muster an opposing rational argument can be raised.
When it boils right down to it, automobiles and cyclist don't mix on high speed roadways and there's no getting around it. You can argue it till the cows come home but you cannot change the human factor or the laws of physics. Ultimately it boils down to personal choices and chance. The only person who was there still alive is the police officer, so what's that tell you about the law of physics and where one should place their choice and rely upon chance? You can't mix hydrogen and oxygen together in a clear container in the sun and expect it not to combine. It's unavoidable under the circumstances. Sad but true (ACCIDENTS happen).
Why not leave the assumptions alone and leave it to the legal system?
By using your form of reasoning that a driver should be aware of their surroundings. A jurisdiction should be just as aware of the dangers when mixing cyclist with automobiles and a cyclist just as aware of what's behind and around them. Trying to establish blame is a double edge sword, for every rational argument you can muster an opposing rational argument can be raised.
When it boils right down to it, automobiles and cyclist don't mix on high speed roadways and there's no getting around it. You can argue it till the cows come home but you cannot change the human factor or the laws of physics. Ultimately it boils down to personal choices and chance. The only person who was there still alive is the police officer, so what's that tell you about the law of physics and where one should place their choice and rely upon chance? You can't mix hydrogen and oxygen together in a clear container in the sun and expect it not to combine. It's unavoidable under the circumstances. Sad but true (ACCIDENTS happen).