\ No, they should follow the very basic principals of safe biking, which they could easily learn if they bothered to. |
Um, Yes. Who else would be? |
My guess is that with the harshness of contributory negligence, the parents would likely be at fault legally as well. And as matter of general parenting responsibilities (not legal responsibilities), absolutely the parents share the fault. |
I compared the way we talk about things. Do we lecture the victim about not taking adequate precautions, or try to change the society that forces precautions that should not be necessary. |
I don't see what principal they failed to follow. They crossed in a crosswalk, they rode at a moderate speed, they appear to have looked appropriately for cross traffic, and they were using equipment colored to be quite visible. Again, a pedestrian walking here would have been just as vulnerable. |
] I'm not lecturing the victim - I am using this opportunity to make sure people are educated about safe biking. Is it also "forcing precautions" to teach teens the basics of defensive driving, and to teach kids to look both ways before crossing the street? Sheesh. |
You are absolutely lecturing the victim - you are saying the parents were at fault. And on top of that, complaining that other people are talking about enforcing the law against unsafe drivers. It is very much like focusing on "What was she wearing, why did she have drinks at a frat?". And again, I don't see what they did that was unsafe. I can't see how walking dismounted would be safer than riding at a walking pace, or how riding with the dad would make the child safer in this instance. |
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The car passed a stopped car at a marked pedestrian crossing.
CRV driver at fault. If that girl died I am betting vehicular manslaughter |
Ok, I posted many, many links about this, but here goes again. When you are biking or scootering on the sidewalk or on a bike path, you MUST slow down extremely, or walk your bike, instead of coming quickly off the sidewalk or bikepath into oncoming traffic. This is because although drivers may be looking for pedestrians, a bike is moving to fast for them to anticipate and stop in time. Apparently there's some disagreement of fact here, but I saw the child going faster than walking pace. Also because she's small, she's even less visible. Secondly, if you're crossing a lot of traffic, you can't just assume that the cars are going to stop - you have to be watching to make sure they are, be able to see all the cars, and be ready to stop if they don't stop. Most 4 year olds can't do this; thus, they should not cross alone. https://www.bicycleaccidentprevention.com/ |
True. Also true: the parents here could have avoided the near miss entirely by exercising prudent cautioun (though not required by law and as would have been done by at least 90% DCUMers, if this thread is any measure). It’s your choice. For me, I’d rather take the extra time so my family gets home safely. |
No, I absolutely think the law should be enforced; and I think the city is the most at fault for putting the crosswalk there. But you're utterly insane if you don't think the parents messed up hugely here. |
If we're talking tort law, in DC and MD if the biker is even 1% at fault, they don't recover. I'm guessing that the parents would not recover anything in this kind of case. But please note I think this is an absurd discussion about legal liability - if you chose to bike or drive in traffic, there are certain rules of human behavior and physics that you need to be informed of and take into account, and take precautions. If you want to do ANY kind of outdoor hobby (biking in a city, hiking, boating) it's on YOU to understand the basics of safety. Not to claim that it's "blaming the victim" to learn about safety! |
It still would have been a near miss. That SUV was speeding past the stopped car and into the crosswalk. The adult would have been a few feet farther into the crosswalk is all. |
Yes, but much less risky. The mom would have had hands on the kid and likely stopped before the SUV even entered the crosswalk. |
Fixed that. |