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  1. #12
    Join Date
    Dec 2006
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    Blessed to be all over the place!
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    I recall Geonz's post and particularly appreciate this one because of all the detail it provides.

    This week, our club passed a resolution endorsing a Vulnerable Road User ordinance that I wrote and intend to lobby for both locally and at the state level beginning in two weeks.

    To have a real world example to apply this to is both sad, but useful.

    Key observations:
    - the driver admitted his guilt and recklessness in the accident report. I don't get why there is any concern about the "burden of proof"!
    - the cyclists were operating in the realm of the law, in the proper place on the road! They can't be deemed at fault!
    - the citations didn't refer to the on scene fatality!

    I think many law enforcement personnel are inclined to want to chalk things like this up to a "terrible, unfortunate event"...when in reality, it was AVOIDABLE (and apparently RESPONSIBILITY is also AVOIDABLE) thereby making SOMEONE NEGLIGENT.

    My proposed law also mandates:
    - three feet clearance (six ft for trucks),
    - automatic yielding to a VRU (which is not just defined as bikes) regardless,
    - exit of the lane occupied by a VRU if two or more lanes exist
    - protection from a VRU being "cut off" or harassed verbally or physically.

    If a cyclists (or any VRU) is operating outside the law or being reckless, then I don't believe that a driver should be treated more onerously, but if the VRU is in the right, I believe they warrant well defined protections and a driver injuring them should be held to a higher standard of punishment.

    I'll get off my soap box now.

    Thanks for posting this Pax
    Last edited by Mr. Bloom; 04-22-2011 at 12:54 PM. Reason: added the comment on negligence
    If you don't grow where you're planted, you'll never BLOOM - Will Rogers

 

 

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