Attempt to charge NI pedest for causing night accident rather than mention driver for overdriving headlamps..

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[XAP]Bob
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Re: Attempt to charge NI pedest for causing night accident rather than mention driver for overdriving headlamps..

Postby [XAP]Bob » 9 Nov 2018, 10:04am

If he drove into something he was driving such that he couldn't stop in the distance he could see to be clear.

No question there.

The *only* exception is mechanical failure.
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fastpedaller
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Re: Attempt to charge NI pedest for causing night accident rather than mention driver for overdriving headlamps..

Postby fastpedaller » 11 Nov 2018, 9:54am

[XAP]Bob wrote:If he drove into something he was driving such that he couldn't stop in the distance he could see to be clear.

No question there.

The *only* exception is mechanical failure.


That isn't the case though? If there are pedestrians on the pavement (maybe enebriated(sp) ones), and they leap into the road is it always the drivers fault? The driver (to be absolutely sure of avoiding an accident) could slam the brakes on every time he sees a pedestrian, using that logic. This would be the opposite extreme, but to what degree (of slowing down) is reasonable? If a pedestrian leaps out in front of you when you are only 3ft from him, whether you are on a bike or driving the car, there WILL be a collision! This scenario isn't necessarily black or white, there is a grey area. To draw another analogy, it's always 'assumed' that if one vehicle drives into the back of another that the one at the rear is at fault - but what about if one car overtakes another and immediately slams his brakes on? forcing the one behind to collide with him..... the 'crash for cash' scenario?

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Cunobelin
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Re: Attempt to charge NI pedest for causing night accident rather than mention driver for overdriving headlamps..

Postby Cunobelin » 11 Nov 2018, 1:17pm

Anyone who has cycled in a Town or City knows how irrational SOBER pedestrians are, nd how many times you have to avoid them.

Do we assume therefore that ALL such cases are the cyclist fault?

There is insufficient clarity as to what happened for anyone to make a real and valid judgement.


All that can be said is that according to the evidence presented, the Jury decided........

pete75
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Re: Attempt to charge NI pedest for causing night accident rather than mention driver for overdriving headlamps..

Postby pete75 » 11 Nov 2018, 5:12pm

Cunobelin wrote:Anyone who has cycled in a Town or City knows how irrational SOBER pedestrians are, nd how many times you have to avoid them.

Do we assume therefore that ALL such cases are the cyclist fault?

There is insufficient clarity as to what happened for anyone to make a real and valid judgement.


All that can be said is that according to the evidence presented, the Jury decided........


It would appear there was someone in the road but purely circumstantial evidence that it was the accused. I don't think I'd be convinced guilt was beyond reasonable doubt based on that alone and neither were almost all the jurors.

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Cunobelin
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Re: Attempt to charge NI pedest for causing night accident rather than mention driver for overdriving headlamps..

Postby Cunobelin » 12 Nov 2018, 6:45am

pete75 wrote:
Cunobelin wrote:Anyone who has cycled in a Town or City knows how irrational SOBER pedestrians are, nd how many times you have to avoid them.

Do we assume therefore that ALL such cases are the cyclist fault?

There is insufficient clarity as to what happened for anyone to make a real and valid judgement.


All that can be said is that according to the evidence presented, the Jury decided........


It would appear there was someone in the road but purely circumstantial evidence that it was the accused. I don't think I'd be convinced guilt was beyond reasonable doubt based on that alone and neither were almost all the jurors.



That is what I mean. The Jury decided on the evidence they were given. That is all that can be said for certain in this incident. Anything else is conjecture often fuelled by bias

SA_SA_SA
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Re: Attempt to charge NI pedest for causing night accident rather than mention driver for overdriving headlamps..

Postby SA_SA_SA » 12 Nov 2018, 9:50pm

fastpedaller wrote:
[XAP]Bob wrote:If he drove into something he was driving such that he couldn't stop in the distance he could see to be clear.

No question there.

The *only* exception is mechanical failure.


That isn't the case though? If there are pedestrians on the pavement (maybe enebriated(sp) ones), and they leap into the road is it always the drivers fault? The driver (to be absolutely sure of avoiding an accident) could slam the brakes on every time he sees a pedestrian, using that logic. This would be the opposite extreme, but to what degree (of slowing down) is reasonable? If a pedestrian leaps out in front of you when you are only 3ft from him, whether you are on a bike or driving the car, there WILL be a collision! This scenario isn't necessarily black or white, there is a grey area. To draw another analogy, it's always 'assumed' that if one vehicle drives into the back of another that the one at the rear is at fault - but what about if one car overtakes another and immediately slams his brakes on? forcing the one behind to collide with him..... the 'crash for cash' scenario?


I updated the OP to cover that,
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fastpedaller
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Re: Attempt to charge NI pedest for causing night accident rather than mention driver for overdriving headlamps..

Postby fastpedaller » 12 Nov 2018, 10:31pm

SA_SA_SA wrote:I updated the OP to cover that,
Moderator: Can I close this thread now?


I hadn't seen that, and I agree with your concerns.