| Re: Ride with music or not?
On Sun, 27 Jun 2004 22:55:46 -0400, "Rich Clark"
<rdclark2SPAM@TRAPcomcast.net> wrote:
>
>"Badger_South" <Badger@South.net> wrote in message
>news:umaud0d0n8kt0hsco0epo3e5dl353ot68j@4ax.com.. .
>
>> Just be aware, and I say this with all sympathy towards you and prejudice
>> towards the person who merged into you - had it come to adjudication, you
>> would be the one most likely found at fault, b/c you were allegedly the
>> faster and overtaking vehicle. (I presume she was riding also?). If the
>> person was on skates or jogging or walking, then it would also be judged
>> your fault, as the 'faster vehicle'.
>
>Depends. Some multi-use paths (such as those in some State parks in
>Pennsylvania) are legal roadways. Bicyclists are subject to the same rules
>as other vehicle operators, including the one banning headset use while
>operating a vehicle.
>
>Not something that's often enforced, but a cyclist wearing phones on a
>roadway (even one where motor vehicles are restricted) might have trouble
>blaming someone else for a collision.
>
>RichC
Uh, perhaps, but I'm just imagining the 'lawyer speak' in the courtroom:
'the defendent in attempting to pass my client did so when it was clearly
unsafe to do so. He admits he saw headphones on my client and anticipated
she may not have been able to hear his call of "passing...", but he passed
anyway, striking her and breaking her collarbone...'.
The injured party would be the one getting sympathy from the jurors, and
soforth.
I'm not saying there wouldn't be counter arguments, but it's clearly a
situation you want to avoid, i.e. coming in contact with someone for
whatever reason to avoid liability.
-B
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