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

[John Ulizzi <jaulizzi@xxxxxxxxxxxxx>]

--- Eoin Kirwan <eoinkirwan@xxxxxxxxxx> wrote:

> 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...

Now THAT we can absolutley agree on....
> 
> 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.

Cant argue that either... very well put. 
> 
> 
> > 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.

I told ya were on the same page ....

:-)
> 
> 
> Eoin
> 
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