Robert wrote:
I'm also a retired lawyer, but that's irrelevant. In this case the driveway was coned, the truck driver failed to signal, the entire incident happened in about 5-8 seconds, the racer is in aerobars and is RACING. The driver knows a RACE is happening,
Wait, stop here. How do YOU know that the driver knows a race is happening? Sure, there are bikes on the road. Is that in itself proof that a race is on? Remember, most people wouldn't know what a triathlon looked like if it smacked them in the face.
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but he didn't care to exercise reasonable caution as exhibited by his failure to wait to turn, use a turn signal, and probably shouldn't have been turning at all.
Wait to turn? Wait for what? When he started braking to turn into the gas station, the cyclist was BEHIND him. If he checked his side mirror he would have seen a clear lane. It seems to be a matter of debate whether he actually signalled or not - from the sun angle in the video this is hard to determine. And I would assume that the gas station owner, wanting the business of people driving on that road, would claim that vehicles SHOULD be turning into his place of business. That's what the driveway is there for, isn't it?
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But, you also ignore a major problem cyclists have with cars on the highway, which is that drivers, and particularly the "I'm the fucking king of the road" style of vehicle driven by this bozo, have a major attitude problem.
What is it, an Explorer? I don't drive one, I wouldn't buy one, but really? Maybe he's got six kids and a smaller vehicle won't work for him (or her). You're making some pretty huge assumptions about the personality of someone who you've never even seen, much less met.
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This driver passed the cyclist and purposely turned right in front of him expecting him to stop notwithstanding his sudden irresponsible behavior. Am I biased in favor of cyclists? Yes, and I hope everyone here is also 'biased'. And, anyone who says they are not biased at all is full of shit. Please spare me your condescension....and curriculum vitae.
There's a difference between bias and absolutely ignoring the facts of the situation in order to support your viewpoint that EVERY car/bike collision is the fault of the driver.
Newsflash: MOST car/bike collisions are partially the fault of the driver and partially the fault of the cyclist. If you keep getting hit on your bike, you are riding in a reckless manner. Period. If you think you can ride like this yahoo did, you'll probably end up seriously injured or dead - no matter who is 'right' in the eyes of the law.