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  1. #1
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    Quote Originally Posted by Batbike View Post
    My personal problem is the laws that don't protect cyclists, and the overwhelming feeling of helplessness as cyclists get stuck paying for things that aren't our fault because of the carelessness and ignorance of others

    Done venting.
    You're right in your frustration, but keep one thing in mind:

    If a kid ran out in front of a car, it would be ruled the driver's fault.

    If a dog runs in front of a car, it would be ruled the driver's fault.

    If a car hits anything in front of it, it is almost always the driver's fault...on the presumption that a driver should be in control based on the current road conditions and surroundings.

    I am not trying to minimize your frustration, but this is an alternative perspective. [B]In your circumstance, I would do exactly as you plan.[/B]

    But let me challenge your perspective a bit:

    Years ago, in our county, there was an uproar because a driver of a pick-up truck hit a playing child on a rural road and killed him. Alone, that was terrible. The uproar came when the truck driver sued the child's parents for damages to his truck

    This is not much different in circumstance , BUT, you would not suffer the same ridicule for suing over your damages. So, in this regard, you're in a better position than a motorist...
    If you don't grow where you're planted, you'll never BLOOM - Will Rogers

  2. #2
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    Quote Originally Posted by Mr. Silver View Post
    You're right in your frustration, but keep one thing in mind:

    If a kid ran out in front of a car, it would be ruled the driver's fault.

    If a dog runs in front of a car, it would be ruled the driver's fault.

    If a car hits anything in front of it, it is almost always the driver's fault...on the presumption that a driver should be in control based on the current road conditions and surroundings.

    I am not trying to minimize your frustration, but this is an alternative perspective. [B]In your circumstance, I would do exactly as you plan.[/B]

    But let me challenge your perspective a bit:

    Years ago, in our county, there was an uproar because a driver of a pick-up truck hit a playing child on a rural road and killed him. Alone, that was terrible. The uproar came when the truck driver sued the child's parents for damages to his truck

    This is not much different in circumstance , BUT, you would not suffer the same ridicule for suing over your damages. So, in this regard, you're in a better position than a motorist...
    Challenge all you want to, but a motorized vehchile has a different set of standards than a bike -- I believe it is called a motor and a LARGE body that has protective walls ... if a dog chases a vechile, it has a better chance of getting hurt than if a dog chases a bike because the cyclist is going to get hit; same thing for a child -- car hits child ... injury/death; bike hits child ... injury/death unlikely.

    BTW, I had FULL control of my bike; I had NO CONTROL of the dog that ran at top speed, jaw out, teeth clenched, within an INCH of my front wheel ... no one, and I mean no one, could have done absolutely done anything different that what I did, which was hit the uncontrolled dog. The owner, oh he was there, at the house, smoking pot and running as fast as he could when the dog attacked me. Yeah, he was responsible ... just like his dog!

    As far as I am concerned, what you propose has NO merit and I don't appreciate the devil's avocate approach ... I am being nice, so please don't push the envelop ANY further than you already have because it is NOT appreciated!!

    As for leash laws -- there are pros and cons to everything; we wouldn't need leash laws if people would understand the value of keeping their pets under control so that they cannot hurt others. I will not debate yes or no on leash laws, except to say that if you have a pet and you believe it should run free, make sure it is not a "loaded gun" waiting to pull the trigger on a someone.
    BAT
    Satisfaction lies in the effort not the attainment. Full effort is full victory.
    -- Mahatma Gandhi

  3. #3
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    Quote Originally Posted by Batbike View Post
    Challenge all you want to, but a motorized vehchile has a different set of standards than a bike .
    You're absolutely right
    If you don't grow where you're planted, you'll never BLOOM - Will Rogers

  4. #4
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    Isn't this a discussion forum? Hmmm...I thought in discussion forums people were allowed to express various viewpoints as long as they are politely worded.
    Lisa
    My mountain dulcimer network...FOTMD.com...and my mountain dulcimer blog
    My personal blog:My blog
    ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

  5. #5
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    Quote Originally Posted by Lisa S.H. View Post
    Isn't this a discussion forum? Hmmm...I thought in discussion forums people were allowed to express various viewpoints as long as they are politely worded.
    Here, here. Or, is it hear, hear (?).
    "The best rides are the ones where you bite off much more than you can chew, and live through it." ~ Doug Bradbury

  6. #6
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    Quote Originally Posted by Lisa S.H. View Post
    Isn't this a discussion forum? Hmmm...I thought in discussion forums people were allowed to express various viewpoints as long as they are politely worded.
    The discussion is in FULL swing and everyone is being polite, civil, and stressing their point of view. Sure, some points are more emotional than others … we’re women aren’t we?!

    As a woman, I can appreciate other points of view until I feel someone has crossed the line, adding insult to injury. In this case, I am injured and I feel it is very insulting to imply that an automobile and a bicycle are equal in defining accidental fault. I feel that the person who implied this preposterous perspective was trying to say that we as cyclists are at fault if we hit an attacking out-of-control animal, thus I was at fault for hitting a dog that ran into me and into my direct line of travel. Fact is, a cyclist is vulnerable to the environment in which they ride; automobiles are much more protected. However, if we are to use the automobile example, this is like saying that the deer that leaped across the road and landed on a car’s roof was the fault of the driver. Maybe the fault would be equal in this case (both a victim of an uncontrolled animal), but the injuries, property damages, and legal ramifications would be significantly different.

    I am the OP. Obviously; this is a very personal, emotional, and frustrating situation for me. I wrote the OP to ask for advice, support, and a sharing of experiences. Dogs are a universal problem for cyclist! It NEVER occurred to me that a fellow cyclist would find fault in the situation and put blame on a cyclist. It is an opinion, but I will actively discuss the point and stress my distress for their perspective.
    BAT
    Satisfaction lies in the effort not the attainment. Full effort is full victory.
    -- Mahatma Gandhi

  7. #7
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    Quote Originally Posted by Batbike View Post
    The discussion is in FULL swing and everyone is being polite, civil, and stressing their point of view....
    ....It NEVER occurred to me that a fellow cyclist would find fault in the situation and put blame on a cyclist.
    I don't see those two statements as being the case here. Just my opinion.
    But hey, I understand your being upset about the dog. It certainly WASN'T your fault, and I think everyone here agrees with that fact. I get livid when loose dogs come terrorizing me on my bike. I sincerely hope your situation gets a decent resolution.
    Lisa
    My mountain dulcimer network...FOTMD.com...and my mountain dulcimer blog
    My personal blog:My blog
    ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

  8. #8
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    Bat,

    I'm sorry you're mad and upset.

    I truly wish you a quick recovery and a fast and easy resolution to your dispute with the dog owners.

    Back to your core issue: If there was clarity provided in the law, this would be less frustrating and confusing.

    I encourage you to get actively involved in fixing the law. Last September, Silver was with a rider who was struck and killed by a car. She has since started a "Share the Road" campaign that is building momentum and next week, the first signs are being installed. She feels good about it...and she's doing a good thing for everyone. I bet you can do the same thing raising awareness of leash laws
    If you don't grow where you're planted, you'll never BLOOM - Will Rogers

 

 

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