Originally Posted by
canklecat
If a driver strikes a pedestrian or cyclist who is lawfully using shared existing infrastructure, it should be considered negligence by default. Not an "accident," which implies something was unpredictable and unavoidable.
Too simplistic. YOU are driving along lawfully. A deer jumps out of the woods, flies through your windshield and bashes in your face, knocking you unconscious and causing you to lose control and strike a cyclist who is riding lawfully on a shoulder and who is otherwise in compliance with all applicable laws. Or YOU have a sudden heart attack, stroke or other debilitating medical emergency, having no previous signs of any such event happening. Same result: Dead cyclist. YOU are negligent? What should be YOUR criminal sentence? How much should YOUR insurance premium rise because of YOUR negligence?
Both parties can be exercising reasonable care under the circumstance (which is what the law of negligence requires) and "it" can still (and does) happen.
I guess if you don't drive it's attractive and easy to suggest a liability framework like you propose. But everyone who does better think about the potential consequences to themselves before they back something like that.