Old 08-30-22, 03:29 PM
  #20  
noimagination
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Originally Posted by rydabent
When her case comes up in court, the judge should throw the book at the truck driver, as a warning to all.
I understand how you feel, but there is too little information on what actually happened to make this kind of statement. The cyclist (Ms Langenkamp) and the truck driver "... were both traveling in the same direction when the collision occurred..," which could indicate that the truck driver passed Ms Langenkamp and negligently turned into her path, running her over. However, given the imprecision of the description, it is also possible that the truck driver passed Ms Langenkamp several hundred yards before the parking lot entrance, put on his turn signal, slowed, waited for a car to clear the driveway entrance, then turned into the driveway while the cyclist was riding into the path of the turning truck. I'm not sure of the traffic laws regarding marked bike lanes, I assume that the driver has a duty to check for overtaking traffic in the bike lane, but the cyclist also bears some responsibility for not riding into the "danger zone" of a turning truck (of course, only if the truck doesn't turn in front of her in the process of passing her, or immediately thereafter). I once saw a cyclist ride into the 2 ft. space between a stopped bus and the curb. If he'd gotten squished, would that really have been the bus driver's fault?

We just don't know enough, at this point, to assign responsibility.

I agree with most of you that some variant of the first scenario seems the most likely, given the experience of the rider as described in the linked article. But, we can all make mistakes. Once I, personally, pulled out right in front of an oncoming car that I just didn't notice (fatigue? lack of contrast (light colored car/light colored roadway/light colored sky)? simple inattention? other? I'm still not sure) and just caught motion out of the corner of my eye and turned my bars just in time to avoid being flattened. Completely my fault, and I've ridden tens of thousands of miles over decades.


A knee-jerk reaction ("Burn the witch!! Burn her!!") is not productive at this point.
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