The car is not king

[lethoso]

Spotted this article earlier, and although it's a pedestrian, not a cyclist it does have some relevance:

The court heard Ms MacDonald's van had a side mirror on an extended metal bar which struck the teenager on the left shoulder as she passed him.

In a written judgment Justice Duncan McMeekin said the question was whether the teenager was also negligent for his own safety.

"The defendant's argument is that, acting reasonably, [the teenager] was obliged to get off the road surface entirely," he said.

However, Justice McMeekin found the teenager had acted reasonably.

"The defendant's argument really amounted to this proposition - upon the approach of a vehicle all pedestrians ought to remove themselves from the bitumen surface of the roadway until the vehicle has passed."

"That is not how citizens conduct themselves in daily life.

"If the proposition is right then other vulnerable road users, such as cyclists, have no business being upon the road surface.

"I observe that [the teenager] had every right to walk on the road surface if he wished."

the rest is here - http://www.brisbanetimes.com.au/queensl ... 1t3mf.html

It's good to see the courts affirm that drivers sit on the same level as every other road user.

[zero]

Civil liability is a different matter to the criminal (road law). Purely on the basis of the criminal road law, both will likely have broken road rules (as there was what appears to be a usable nature strip present). The defence is absurd though, as there is no basis in QLD law for a motorist to expect a pedestrian to vacate the roadway - its just not a requirement at all there at all. They even has the same 2 abreast rule as cyclists.

The civil requirement is pretty clear though - if you injure an avoidable pedestrian that was plainly visible to you through your windscreen, you can expect to pay for it, regardless of what the pedestrian was doing.

[jules21]

it's unclear whether the motorist actually suffered any loss though - i read another article on that that listed the 3rd party injury insurer as a co-defendant. it's possible they had to pay the costs.

[Comedian]

Car drivers need to be aware that no matter what the reason they aren't allowed to run someone over... be it on foot or on a bike. Unfortunately for bikes they have the SMIDSY get out of gaol card... hopefully one day that will change.

[stanevelyn]

This situation does indeed extend to us cyclists. It also extends to wilfully injuring a pedestrian or rider. A lot of close calls experienced by pedestrians, and more so cyclists are the result of a wilful planned attempted assault (Usually through the drivers stupidity or immaturity). I believe that a wilfully planned assault also extends to the use of mobile phones, and texting, and eating, and putting on make up, and etc etc etc. whilst driving that cause a close call to a cyclist or even a collision.

By using a mobile phone, etc, etc, etc, the driver is purposefully, and conciously, distracting themselves from driving thus creating a dangerous situation.

The penalties for these offences should be at least as severe as assault, if not manslaughter/murder. As the driver has pre meditated their use of a phone, etc, etc, etc. thus purposefully putting other road users in danger and fear of injury or death.

The sooner penalties are toughened for bad motorists the better.

I hope that I made some sense here.

Cheers,

Stan

[Mulger bill]

The sooner penalties are toughened for bad motorists the better.

I hope that I made some sense here.

Cheers,

Stan

It does make a lot of sense Stan, except for the first line. You could make the penalty for dooring 12 months gaol and confiscation of the vehicle, won't matter a damn if it isn't enforced. On the whole, peoples behaviour is influenced more by the chance of being caught than by the possible penalties. You may have noticed less speeding and drink driving happening on the road but Mr Plods political masters have concentrated on these easy to detect, easy to prosecute and very revenue positive measures to the point that seeing a patrolling police vehicle anywhere any time is now the exception rather than the rule. Overall standards of behaviour on the roads have fallen because of this IMO.

The success or failure of public order and road safety procedures should never be judged by money collected or money saved.

Shaun

[ColinOldnCranky]

The sooner penalties are toughened for bad motorists the better.

I hope that I made some sense here.

Cheers,

Stan

It does make a lot of sense Stan, except for the first line. You could make the penalty for dooring 12 months gaol and confiscation of the vehicle, won't matter a damn if it isn't enforced. On the whole, peoples behaviour is influenced more by the chance of being caught than by the possible penalties. You may have noticed less speeding and drink driving happening on the road but Mr Plods political masters have concentrated on these easy to detect, easy to prosecute and very revenue positive measures to the point that seeing a patrolling police vehicle anywhere any time is now the exception rather than the rule. Overall standards of behaviour on the roads have fallen because of this IMO.

The success or failure of public order and road safety procedures should never be judged by money collected or money saved.

Shaun

Wholeheartedly agree with your reasoning. I have seldom seen evidence of harsh penalties affecting outcomes, it just makes the hater in us feel better. However real expectations of being caught do. It's why we all slow down at places we know the cops set up their radars.

[Xplora]

Overall standards of behaviour on the roads have fallen because of this IMO.

Or number of red light/speed camera infringements issued.

I agree, I think the roads have gotten a lot worse over the years, the cars might be slower but they are definitely less "focussed" in their skills. The number of people who just aren't treating the road with any attention is NUTS. This MIGHT be a big city problem... you just can't stuff around for ages when there are 20 cars behind you!