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Thread: whose to blame here

  1. #1
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    whose to blame here

    The cyclist had plenty of time to react, but was clipped from behind, yes the car didn't indicate but the one in front reacted well, seems to me it's 'someone else's fault' according to the rider.
    Take some responsibility for your own group methinks

    https://www.stuff.co.nz/nz-news/3605...ision-auckland

  2. #2
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    You're English teacher.

  3. #3
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    I love these "who is to blame" discussions. Brings out the ignorance of the law.

    Land Transport Act 1998 Section 37, Careless Driving.

    The JP will apply the test "were these the actions of a careful and prudent driver".

    Car drivers liability all day, but the cyclist could also have avoided this.

  4. #4
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    Quote Originally Posted by rastuscat View Post

    Car drivers liability all day, but the cyclist could also have avoided this.
    Totally agree.

    On another note, I do feel the cyclist is milking it a bit. Could've broken his neck or been killed. I mean sure, maybe, so he is kinda right. But I had far worse accidents on pushbikes when I was young, before helmets were a thing, and suffered nothing worse than abrasions and cuts.

  5. #5
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    The lycra brigade do travel pretty fast, especially the pros, which may explain why the driver claims she didn't see them (not expecting cyclists to be approaching from behind at that speed). I regularly see cyclists (especially the e-powered ones, even scarier, the e-powered scooterists) matching, maybe even exceeding the speed limit around Auckland which is a risky approach to take in built up areas.

    However she's clearly at fault, and if his bike's damaged as a result, he's perfectly entitled to expect her (or her insurance?) to cover the cost of the damage.

    I'm also reminded seeing this about the bit in the road code which points out that even if you have the right of way, you're expected to be ready to take all reasonable measures to avoid a crash. I get the impression his attention was elsewhere until he saw his team-mate ahead moving out of the corner of his eye and grabbed a hand full of brake in a panic.

    How's that for a whole load of assumptions!
    Moe: Well, I'm better than dirt. Well, most kinds of dirt. I mean not that fancy store bought dirt. That stuffs loaded with nutrients. I...I can't compete with that stuff.
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  6. #6
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    If bike was worth that much then the owner should have it insured for full replacement value. If I bin on the road, regardless of fault, its insured or replacement is on me.
    it's not a bad thing till you throw a KLR into the mix.
    those cheap ass bitches can do anything with ductape.
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  7. #7
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    Group rides and following distances eh?

    Slow down Merckx.

  8. #8
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    My first thought was that he could have done with ABS.

    It just goes to show that even cyclists should practice emergency braking.

  9. #9
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    I see the cyclist is trying to claim 12,000 from the car driver in damages to the bike. He also claims that though he had these expensive parts for near 1 month he had been far to busy to sent the 5 min email to the insurance company to up his policy.
    I ask, how does a cyclist that provides a convenient human cushion for his bike to land on at relatively low speed incur $12,000 smackers in damage?

  10. #10
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    Quote Originally Posted by Berries View Post
    You're English teacher.
    Correction. It's ' Your English teacher ' What were you saying ?

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    Quote Originally Posted by Stylo View Post
    Correction. It's ' Your English teacher ' What were you saying ?
    He was channeling Borat.
    Only a Rat can win a Rat Race!

  12. #12
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    Whooosshh.

  13. #13
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    Quote Originally Posted by sugilite View Post
    I see the cyclist is trying to claim 12,000 from the car driver in damages to the bike. He also claims that though he had these expensive parts for near 1 month he had been far to busy to sent the 5 min email to the insurance company to up his policy.
    I ask, how does a cyclist that provides a convenient human cushion for his bike to land on at relatively low speed incur $12,000 smackers in damage?
    Cycles are awesomely expensive these days.

    If the frame is toast, which it likely is, that's the guts of it. Replacement cost. The gears are likely Dura Ace Di2, which is crazy expensive, then you have the finishing kit and wheels.

    My road bike is worth more than many motorcycles I see, for no good reason. I'm never going to be riding the TdF. But a lot of people have motorcycles fit for the Nurburgring, which get pootled aroud the Coro Loop once a year, and only on fine days.

    Brakes on road bikes are better than ever, but the laws of physics are quite inflexible. Group riding has hazards, and this is just one of them.

  14. #14
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    Thank you for your reply Rastuscat.
    I figured the frame would be the most expensive part, but watching that video over and over, I was not seeing the sort of impact, especially with the bike landing on him to bend the frame.
    However, I'm making my assumptions off my own experiences with mountain bikes which likely have entirely different frame tech to survive the riquors where as I'm guessing roadbikes have traits akin to race horses, fast but fragile?

    Quote Originally Posted by rastuscat View Post
    Cycles are awesomely expensive these days.

    If the frame is toast, which it likely is, that's the guts of it. Replacement cost. The gears are likely Dura Ace Di2, which is crazy expensive, then you have the finishing kit and wheels.

    My road bike is worth more than many motorcycles I see, for no good reason. I'm never going to be riding the TdF. But a lot of people have motorcycles fit for the Nurburgring, which get pootled aroud the Coro Loop once a year, and only on fine days.

    Brakes on road bikes are better than ever, but the laws of physics are quite inflexible. Group riding has hazards, and this is just one of them.

  15. #15
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    It looks like the cyclist actually managed to miss the car, but didn't know to ease off slightly as he came to a complete stop.

    Two thoughts - had he ever practiced an emergency stop and they were following each other too close.

    (Note to self to find a quiet road and practice emergency braking. It's been a while.)

    Sent from my SM-S906E using Tapatalk

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