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

[Eoin Kirwan <eoinkirwan@xxxxxxxxxx>]

On Thursday 15 June 2006 14:18, John Ulizzi wrote:
> My only point is that it would
> be unfair to the driver of the car for the court or
> anyone else to additionallly penalize her personally
> for the additional injurys the biker sustained because
> he was a) on a bike, and/or b) riding without a
> helmet.

There is logic to the suggestion that we should punish the misdeed, not the 
consequences of the misdeed (which often depend largely on luck.) However 
that's not the way the court system works in practice over here and I'm 
pretty sure it doesn't in the US either...

Example:

Driver backing into a parking space, tired, distracted, on the phone, 
whatever, but not concentrating sufficiently - goes too far and mounts the 
kerb - hits nothing - no cops around - no damage to car - drives off with no 
consequence.

Same driver, same incident - hits a parked car, nobody injured. Insurance 
takes a hit, slight possibility of being charged with careless driving (slap 
on wrist.)

Same driver, same incident - except a small child happens to be standing on 
that pavement...

The driver makes exactly the same mistake, but the consequences are very 
different. The parents would argue that it would be unjust if killing a child 
was treated the same by the legal system as scratching a bumper. The driver 
could argue that it's not their fault the child happened to be standing there 
when they made a simple mistake, but as a person in charge of a vehicle 
they're responsible.

The point I'm trying to make is that drivers have to share the roads with more 
vulnerable road users - smaller cars, older cars with poor protection, 
bicycles, pedestrians, motorcycles. That's part of the deal. If they don't 
like it they shouldn't drive. Or, better, keep extra alert for those who 
don't benefit from six airbags and a steel cage.


> I guess the bottom line, if you are riding a bike, is
> to always think as though every other vehicle is
> trying to kill you.

I can't disagree on that one.


Eoin

_______________________________________________
Triumph Sprint ST/RS mailing list
Send list posts to ST@xxxxxxxxxxxxxx
Change your list options at www.Triumphnet.com