Unfortunately, there's a good chance that the driver would not, in fact, have any legal culpability. I saw a police report once where the driver TOLD POLICE he had been on his handheld phone, dropped it, and was reaching down to grab it, when he hit the pedestrian and killed him, but the police decided it was the pedestrian's fault for failing to yield the right of way to the distracted driver. |
People from the burbs tend to be ignorant of the fact that the DC legislation that ditched the contributory negligence doctrine years ago also accords special protections to vulnerable road users. |
Per the last clear chance doctrine, the driver is probably culpable in this instance (assuming the responding officer is familiar with it). |
"People from the burbs" in this case also includes MPD who are largely ignorant or don't care about enforcing laws that protect pedestrians and bicyclists. |
This is not in fact how the law works. Sorry. |
A bulletproof vest is really just for your safety. I'm not sure why you'd argue against it. |
Yes. Thank you. Keep digging and you’re going to crack this conspiracy for sure. The only question is how deep does it go? |
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Bike, but please do not wear all black with no reflective gear or good/ prominent lighting on bike.
Same goes for people who walk in all black with no reflective gear and they just pop out of nowhere. And it doesn’t matter where the location is. |
People don't "pop out of nowhere", except in the perceptions of people who are driving too fast for the conditions. The faster you drive, the more your peripheral vision narrows. And you also need to drive more slowly at night. |
The same also applies to cyclists, who have longer breaking distance than cars going the same speed which means that they should be even more careful. |
Absolutely. Everybody (bicyclists and drivers) should limit their speeds to 12 mph or less at night. |
Except that cars have a shorter braking distance than bicycles. If bicycles cannot stop in time to avoid a collision then they were going too fast. Not the tree, parked car, pedestrian, or other road users. |
Waiting for the data about trees, parked cars, and pedestrians injured or killed by people bicycling too fast for conditions in the dark. |
I’d love to see the data that supports this. Bikes have a tiny braking distance. The problem is more that the human is liable to go over the handle bars on a sharp brake. |
I am not sure what data you need for you to understand basic principles like if you crash into an inanimate object because you cannot stop you are going too fast or if you hit someone or something else because you cannot stop in time, you are also going too fast. But you’re probably the same person who refuses to wear a reflective vest to increase safety. So you seem a bit thick. |