Push Bikes Are Safer

Apparently they protect you from litigation. This isn’t a final post, just a call for information. Does anyone know why the rider who killed an elderly man while riding his bike is going to get off with just a traffic rules infringement?

Linkage. 

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3 responses to “Push Bikes Are Safer

  1. First, he still may be charged with something else (though doesn’t seem so).

    Mainly I think it is that he was on a bike rather than in a car. If he were driving a car, then he would probably charged with culpable driving (which is negligent driving leading to death) but there probably isn’t an offence of culpable cycling (cycling and driving are obviously treated differently by the law eg you don’t need a licence to cycle on a road).

    The flip side is that he may still be subject to litigation (as distinct from criminal prosecution). Most road accidents don’t let you sue the driver for losses but you can make a claim on the TAC for compensation. It may be that as a cyclist he is not covered by this and can be sued, but then again, seeing as this may mean his family are less likely to see any sort of compensation (because the TAC may be richer than this guy). So meh.

  2. I hope that the killed man doesn’t have any dependants still, and I don’t see how money will help materially with grief (so actually getting money out of any legal action is only symbolic).

    I know it feels like reverse engineering things, which I know is a terrible way for rules to be implemented (its is something strongly discouraged in magic judging), but shouldn’t there be a nice catchall like generic manslaughter?

  3. Thinking dispassionately, I think the just outcome for the cyclist would be the same as if he had been driving. So from my point of view, and given what dan said, there should be a culpable cycling offense. (From my limited memory of the case) he couldn’t stop because he was riding in a group, who also ran the red light. So surely that mitigating circumstance, along with the fact that he obviously put himself in that situation to begin with should also be taken into consideration.

    Personally, I have no idea what the penalty for that guy should be, obviously it should be somewhere in the range between traffic infringement and manslaughter. But I just think it should be the same as if he was driving any other vehicle.

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