Old 03-13-13, 10:34 AM
  #34  
Commodus
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Originally Posted by CptjohnC
First: From the camera angle, it appears that she moved as far to the left as she could without entering the oncoming lane, and out of what most would have anticipated as the primary 'door zone'.

Second, there is a huge difference from saying "the cyclist could have done more to prevent" and "the cyclist shares some of the legal fault"

E.G. In most 'rear end' type accidents, the front car is likely to have been able to do things to prevent being rear ended. They may have shared some role in the prevent-ability of the accident (signaling their intent, using less than 100% of braking force, if the situation allowed, moving left or right as they braked if possible, etc...) yet the law does not REQUIRE these actions.

Likewise, this cyclist may have been able to take additional actions to prevent the harm, but it does not seem reasonable that she was legally required to do so. She was proceeding lawfully, and the driver's actions (parking in the bike lane, opening his door without looking IMMEDIATELY AFTER he passed the cyclist) would seem to be 100% of the legal cause of the accident.
Yes. Well said.
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