2014-05-09 17:24:59.843089+00 by Dan Lyke 4 comments
The Chicago Bicycle Advocate: Universal Casualty Company Tries to Deny a Left Cross:
... Universal Casualty Company stated, "...a bicyclist has a greater duty to maintain a proper lookout and retain control of their bicycle as they have a greater risk of harm." I'm not kidding folks, I couldn't make this stuff up if I tried.
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comments in ascending chronological order (reverse):
#Comment Re: made: 2014-05-09 17:54:55.047013+00 by: meuon
I'm glad the end result was a much larger settlement for the cyclist. I'd like to word this a complete improved thought:
A bicyclist has a duty to maintain a proper lookout and retain control of their bicycle as they have a great risk of harm from sharing the road with large fast moving machines piloted by distracted over-righteous drivers. Drivers of large fast moving vehicles have a greater responsibility to be vigilent and maintain control of their vehicles as their capability to injure and create damage is greater.
Lots of shades of grey in this, but essentially: A pedestrian or cyclist is more responsible for self.. a driver is more responsible for the damage they can cause.
#Comment Re: made: 2014-05-09 18:45:20.756723+00 by: Larry Burton
It sounds like the insurance company was using Illinois' comparative negligence law to say the cyclist was more than 50% responsible for the accident so they don't owe anything.
#Comment Re: made: 2014-05-09 18:48:41.464226+00 by: Mars Saxman
For many years I have followed a simple rule: always give way to a vehicle with superior mass.
Though, come to think of it, perhaps that should be "superior momentum".
#Comment Re: made: 2014-05-09 20:57:37.91204+00 by: meuon
Superior Inertia? I am much more careful in my larger vehicles, knowing how much inertia I am controlling and how hard it is to stop.
"Mass is a fundamental measure of inertia; it measures the resistance of the body to changes in its motion. Thus, inertia is resistance to motion changes. Whereas, momentum is mass in motion, and, is defined as the mass times the velocity."