Re: [ST] I stand corrected.....

[Matthew Heyer <matthewheyer@xxxxxxxxx>]

Couple of things here.  But my main point is in agreement with Eoin, with some legal thoughts.  Eoin makes a valid counterpoint to your assertion that the person in the vulnerable position is at fault for being in the vulnerable position (in your statement, that because the injuries are more severe to a biker because they choose to be on a bike, those injuries are that persons choice).  The point Eoin makes that there are differential levels of injury dependent upon the vehicles involved will be the case with almost all vehicles.  Does a person have less liability for the injuries inflicted on someone choosing to drive a Mini or the like?  The person driving the small car made that choice, and if they were in an SUV or large car (Crown Victoria, S-Class, etc) they wouldn't have been injured so badly - so then the liability is lifted?  Do people choosing to not purchase a vehicle that has a 5-star crash rating then "choose" to be more severely injured in a crash?  Or if they
 choose to not have side-curtain airbags, do they assume the risks involved with an injury that those could have prevented?  No.  There will always be differing vehicles.  But as long as all of the vehicles meet the legal standard to be on the road, then all drivers of other vehicles assume the liability of their even purely accidental mistakes.  The playing field is leveled in the eyes of the law once a vehicle meets the requirements of being able to be placed on the road.
 
And wearing a helmet in the Superbowl is not explicitly in a football player's contract - it is in the rules/laws of the game that they are participating in.
 
Matt Heyer
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