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Would you support an assumed liability rule in Ireland?

2

Comments

  • Registered Users, Registered Users 2 Posts: 21,327 ✭✭✭✭Donald Trump



    Your argument is a load of bollix. A scammer doesn't need a bike to try to scam you in a manufactured accident. They can just as easily throw themselves onto your bonnet as they are innocently walking across a pedestrian crossing and claim you hit them.

    As one of the links the other person gave above, the lads organised for an accident when they were in a car. No bike involved at all.


    Get yourself a dashcam and you'll be protected against scammers. Nobody is suggesting that a fake claim, which is clearly shown to be fake, should succeed. It might however make drivers a little less aggressive and a bit more aware of their surroundings were they to know that they would be presumed liable should the act the bollix around vulnerable road users.


    What do you think about the video of the Galway TD? Do you think the driver had the right of way there to run across the cyclist? All good?



  • Moderators, Category Moderators, Arts Moderators, Sports Moderators Posts: 51,689 CMod ✭✭✭✭magicbastarder


    I am on a bicycle.

    I see a person I hate turning his truck.

    you really need to come up with better scenarios. 'i am going to have at that bounder by *checks notes* cycling my bicycle under his truck!'



  • Registered Users, Registered Users 2 Posts: 21,327 ✭✭✭✭Donald Trump



    If he really wants to get a big claim, sure he could put on his jogging gear and throw himself under it and say he was hit while out jogging. He wouldn't even need to invest in a bike.


    That'd learn that bleedin' truck driver fairly lively


    We all know someone (or know someone who knows someone) who was ripped off after being involved in a gentle tip where the other person got whiplash. It's hardly the case that the current system prevents it now is it?



  • Registered Users, Registered Users 2 Posts: 8,311 ✭✭✭cletus


    I don't think a scammer needs a bike to do this. I was just pointing out that it does happen with bikes too.

    I'm not saying it should succeed, I'm not saying the rule shouldn't be put in place.

    If we're having an informed discussion, then you need to look at all aspects of that discussion, even if it's only so you can subsequently dismiss stuff as unimportant, or irrelevant.

    If we just say that this stuff doesn't happen, you're burying your head in the sand.

    As regards my argument being a load of bollix, I don't believe I put forward an argument at all, rather I pointed out that a thing happens.

    The driver who knocked down Ciaran Cannon was in the wrong, but it has little to do with the point I made.

    I've not seen you around the cycling forum much, Donald, but I remember your posts from the mma forum, and from PM's we exchanged. I'd like to think I engage in discussion on boards here in an open and upfront manner



  • Registered Users, Registered Users 2 Posts: 21,327 ✭✭✭✭Donald Trump



    Cyclists need to be protected as they are vulnerable. That is the main concern and would be the overriding one for me. Any loose ends which are left after taking care of that can be tied up via other means. If the insurers are worried about scams, they can give discounts for dash cams. Dash cams are very cheap now. The sooner that they become standard the better.


    Is there a day when you are driving when you can say that you didn't see some other driver doing something stupid or aggressive or dangerous? The sooner that everyone has a dash cam, the better. Not just for cyclists. Because when they know they will be caught, it might lead them to think twice


    The driver in Cannon's case should have been presumed to be in the wrong from the start. The burden would be on him to rebut that presumption. He is the one driving the few tonnes of metal and glass so he has a responsibility to vulnerable users he shares the road with. But it looks like he just got away with it. Because we currently start from the position that he was not at fault and you have to prove that he was.


    A scammer is still going to scam you. They'll just modify their approach.



  • Moderators, Category Moderators, Arts Moderators, Sports Moderators Posts: 51,689 CMod ✭✭✭✭magicbastarder


    in cannon's case, i suspect it's open and shut (from an insurance point of view) unless the driver lied, as he pulled across in front of cannon's path.



  • Registered Users, Registered Users 2 Posts: 8,311 ✭✭✭cletus



    I'm not arguing against anything you're saying here (except mandatory dash cams. Mandatory anything automatically gets my back up)

    I don't know if the rule would be good or not. I haven't seen the text of it yet.

    The discussion had moved somewhat in the direction of people scamming the system using bikes. There was a suggestion that this couldn't or wouldn't happen. I offered some videos for balance.



  • Registered Users, Registered Users 2 Posts: 5,367 ✭✭✭JimmyVik


    This all startted when Donald said people wouldnt try it on. Its been shown to him numerous times that he is incorrect.

    But Donald is never wrong. never.

    So just let him on.



  • Registered Users, Registered Users 2 Posts: 21,327 ✭✭✭✭Donald Trump



    Well Jimmy, you haven't shown any instances of cyclists deliberately crashing into trucks. So I'm afraid your assertions are incorrect.

    If this rule was brought it, it wouldn't affect scammers trying to set you up, so if that is genuinely your concern then it won't affect you versus the situation today.

    Where it would be of concern would be for a careless or aggressive driver. So perhaps you fall into that category. There are driving schools and driving courses that you could take to help assuage your fears.



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  • Registered Users, Registered Users 2 Posts: 21,327 ✭✭✭✭Donald Trump



    One would assume that that is the case. At least there was CCTV



  • Registered Users, Registered Users 2 Posts: 5,367 ✭✭✭JimmyVik


    Oh so now you specify "cyclists" and "trucks" after so many people posted all sorts of incidents above.

    Pretty sure if someone showed you a cyclist crashing into a truck you would ask for a cyclist crashing into a lear jet next.

    Stop with the trolling.



  • Registered Users, Registered Users 2 Posts: 21,327 ✭✭✭✭Donald Trump


    Have a read back. You'll see I specified cyclists and trucks from the start.


    Maybe learn to take a minute to read before going off on a rant the next time



  • Registered Users, Registered Users 2 Posts: 1,003 ✭✭✭DarkJager21


    I'd totally support it as long as a basic "rules of the road" training is required to be completed to cycle on the roads. Red light means stop etc, you know the basics.



  • Moderators, Politics Moderators Posts: 42,173 Mod ✭✭✭✭Seth Brundle


    That practice hasn't been entirely successful in getting people driving cars to obey the laws!

    Anyhow, would that training and presumably testing & licencing also apply to kids cycling to school?



  • Registered Users, Registered Users 2 Posts: 1,003 ✭✭✭DarkJager21


    Anyone who wants to cycle on the roads - I think it's a fair ask if you want to place automatic liability on a motorist. Not asking for licensing or anything like that, simply a test with a completion certificate. That way everyone is on the same level when it comes to what to do and what not to do on the road.



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  • Moderators, Category Moderators, Arts Moderators, Sports Moderators Posts: 51,689 CMod ✭✭✭✭magicbastarder


    you'd place that extra administratve burden on the authorities to set up and run a training scheme (for hundreds of thousands of people who'd want to cycle), and the extra administrative burden on the gardai to police it, to fix what problem?

    the only result of that scheme would be a massive reduction in the numbers of people cycling. the government are trying to promote cycling, not prevent it.

    anyway, the easiest thing would be for the gardai to actually police the existing laws.



  • Registered Users, Registered Users 2 Posts: 21,327 ✭✭✭✭Donald Trump



    I think it would also be fair for every motorists to attend and pass an annual workshop on basic understanding of the effect of alcohol and drugs on driving, and to educate them on the dangers of driving while intoxicated. And also a refresher course every year on how speed limits work and why they are important.


    Am I doing it right?



  • Registered Users, Registered Users 2 Posts: 2,025 ✭✭✭Large bottle small glass


    In effect where vulnerable road users take a claim against a motorist they are often pushing an open door due to the financial risk imbalance if it goes to hearing; this is particularly the case if the vulnerable road user isn't a mark i.e. of any means.

    The best outcome for an insurance company in such a claim is if they win it, they still incur there own costs. Winning will be hard where all the loss is on one side (cyclist injuries, loss of earning etc) against a wing mirror or whatever. Judges are slow typically to throw out such cases without pretty damning independent evidence which is rare enough.

    Some level of assumed liability could assist in changing the mindset of drivers around vulnerable roads users; particularly in car parks, housing estates, high density urban settings and reginal type high traffic roads.

    As for Cannon the Galway TD he was overtaking on left hand side in the middle of a less than 2m channel, travelling significantly faster than traffic which left him super vulnerable to a right turning vehicle who couldn't see him until the front of his vehicle had crossed his path (driving position is circa 1.5-1.8m from front bumper). If you are a vulnerable road user cycling where there is no infrastructure and low cyclist numbers (like Galway) then from a risk reduction perspective slow down, observe more, learn from experience of slow traffic stopping and allowing vehicles to cross.

    Had his case ran in criminal court what honest answer could he give to "do you think your cycling was in compliance with John Franklin's cycle craft or any other safety guidance? Did you see the brakes lights? You cycled here every week did you not realise there was a junction/entrance there? Did you realise who were almost blind to the Accused cycling within 1m of near side of traffic? Best of luck with a prosecution after he answers those honestly.

    He'll get paid in a civil court all day, with some level of small haircut I would think.

    As for scammers they won't need this law to get going. Over the years I seen a lot of fraud involving road "accidents"; every one of them has involved two cars without a sign of a vulnerable road user. Very few really commit to crashing with any speed for fear of actually getting hurt. That instinct will even more limit fraud with vulnerable road user assumed liability law. Successful frauds are harder than you think to get right and I only got to see the ones that fu(ked up one way or other.



  • Registered Users, Registered Users 2 Posts: 1,003 ✭✭✭DarkJager21


    Yeah you're doing it right, I'd agree. I don't want to share the road with assholes who can't use it safely, cyclist or otherwise so no arguement there.



  • Moderators, Category Moderators, Arts Moderators, Sports Moderators Posts: 51,689 CMod ✭✭✭✭magicbastarder


    yeah, the cost of hardware replacement of a trashed bike (assuming no injuries) is a fraction the cost of a bumper even in a relatively low speed tip.

    a colleague of mine got a low 5 figure sum for coming off his bike without even being hit by the motorist in a scenario not madly unlike the cannon one (he had to swerve to avoid being hit and crashed - another motorist 'chased' the offending motorist who just drove away, into the car park she'd been turning into). but he said it was eye watering how much everyone treated the insurance aspect like a cash cow - IIRC, the hospital charged several hundred euro to provide the medical report to be sent to the insurance company.



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  • Registered Users, Registered Users 2 Posts: 11,395 ✭✭✭✭Furze99


    As someone who drives, cycles and walks - I've seen feckless drivers & feckless cyclists. Both are a liability for pedestrians and to themselves.

    The idea that the courts would assume automatic liability if a cyclist is involved in an accident with a vehicle is just plain stupid. There's drivers shouldn't be allowed on the public road but equally there are cyclists who should never be let near a bike.



  • Moderators, Category Moderators, Arts Moderators, Sports Moderators Posts: 51,689 CMod ✭✭✭✭magicbastarder


    The idea that the courts would assume automatic liability if a cyclist is involved in an accident with a vehicle is just plain stupid.

    again, presumed liability is for assessing damages, it is not used to assign guilt for legal offences.



  • Registered Users, Registered Users 2 Posts: 2,025 ✭✭✭Large bottle small glass


    I think the principle behind it is you create a safer environment for all vulnerable road users (by forcing motorised traffic to be super vigilant) at the cost of being unfair to a very small number of motorists.

    A pretty classic greater good law.

    Focusing on a particular case is to look at the downside only when the upside is all the cyclist/pedestrians/children who will never know it has kept them out of the hospital/morgue.



  • Registered Users, Registered Users 2 Posts: 21,327 ✭✭✭✭Donald Trump



    I think what would be proposed is a presumtion of liability. That just puts the burden on the driver to prove they were not at fault. It does not mean that they will be found "guilty" (for want of a better word) regardless of the circumstances.


    The cyclist is a vulnerable user. The driver bears responsiblity towards other users so the presumption is fair.

    A driver as a vehicle has very little to lose, and for some that equates with not giving a sh1t. As it stands, the driver also has the option to try to bare-faced lie themselves out of liability which also acts as a disincentive to take greater care. See the video below for an example of a driver who loses their sh1t after running into someone and tries to scream that he crashed into her car. No doubt, had she run over a cyclist, she would have done the same. Except the cyclist would be paraplegic or dead. But she might have gotten away with it.





  • Moderators, Category Moderators, Arts Moderators, Sports Moderators Posts: 51,689 CMod ✭✭✭✭magicbastarder


    yeah, a classic illustration would be the sort of motorist who would pass a cyclist with a foot or two to spare, who would not dream of passing another car that close. i guess because they assess risk when it really only pertains to themselves, to an extent?



  • Registered Users, Registered Users 2 Posts: 5,367 ✭✭✭JimmyVik


    No you didnt.

    I fully expect you now to pull up a comment you made from the middle of the conversation and pretend that was what you specified.

    You are well capable of understanding that there are cyclists who manufacture road accidents for claims.

    You are just a troll and you will just keep going so you are best ignored from here on out.



  • Registered Users, Registered Users 2 Posts: 21,327 ✭✭✭✭Donald Trump



    Oh. let's have a look.

    Here is my first post on the thread

    You might notice it actually mentions cyclists. Granted, juggernaut is a big word that you might not know, but if you google it's definition (do you know how to use Google?), then you will see that it says

    a large, heavy vehicle, especially an articulated lorry.


    Let's now have a look at my second post on the thread:

    Whoops. Looks like that also mentioned cyclists AND used the word truck explicitly. So you can't blame ignorance of big words for that one.


    No worries. I'll make allowances for your inability to read for this time. And if you make a nice apology, I'll try to accept it graciously.



  • Registered Users, Registered Users 2 Posts: 1,482 ✭✭✭AyeGer


    The answer imo is mandatory dashcams on all motorised vehicles on our roads. They would pick up everything from dangerous driving to accidents.



  • Moderators, Category Moderators, Arts Moderators, Sports Moderators Posts: 51,689 CMod ✭✭✭✭magicbastarder


    Interestingly, mandatory speed limit detection is supposed to be arriving in cars in a few months, and there's no clear standard on that, so as above, I can't see why something as simple as dashcams aren't being stipulated.



  • Registered Users, Registered Users 2 Posts: 11,395 ✭✭✭✭Furze99


    I don't think so, it might record what's happening in front of you. But not some asshole of a cyclist, with headphones firmly plugged in, who whizzes up on your left side, hits a stone or gully and falls into your car. For the record, I have been that cyclist many times cutting up on the inside of a line of cars moving slowly etc but I'd know the risk and be watching carefully, take responsibility etc



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  • Registered Users, Registered Users 2 Posts: 21,327 ✭✭✭✭Donald Trump



    Well your camera will show you were moving slowly at the time of impact and also show you didn't pass a cyclist.


    There is no need to be making up silly hypothetical scenarios to get excuses in first for being a bad driver.


    Where the camera might backfire is where the next traffic light is 20m ahead and you want to sit there for 35 seconds instead of 34 seconds so you figure that if you swerve over into the cycle lane you'll probably be able to squeeze by that cyclist ahead with a half inch to spare. Maybe. Sure lets go for it.



  • Moderators, Category Moderators, Arts Moderators, Sports Moderators Posts: 51,689 CMod ✭✭✭✭magicbastarder


    it'd be interesting to see the payout levels for cyclists who have been knocked down vs. what happens when someone goes legal after a car crash.

    i mentioned one colleague (briefly knocked out, taken away in an ambulance) who got i think 13k. i know another lad who was knocked off his bike and was carted away in an ambulance and got i think 6k. now, i know the payout system has since changed, but i also know people who were involved in very low speed car on car collisions where the other party got €40k+. so i wonder how that compares with car on car collisions where an ambulance is required.

    also, i have experienced and witnessed collisions involving bikes where if it had been car on car, you can be guaranteed the insurance companies at a minimum would have been involved, possibly gardai too, but with bikes often the cyclists just shake themselves off and head off - and i don't think that's been acknowledged. can you imagine cyclists started acting like motorists for every collision?

    the obvious example for me is that i was knocked down about 20 years ago; sprained my ankle and my front wheel was turned into a banana. it cost the father of the kid who knocked me down €127 IIRC; i didn't take it any further.



  • Registered Users, Registered Users 2 Posts: 912 ✭✭✭Detritus70


    What I would like to see is more serious consequences for fraudulent claims.

    It seems to me that the worst thing that can happen is your case being thrown out and better luck next time.

    You read the most ludicrous cases, like that IT article about Mr. Smaleckas and think where are the consequences? Fraud is actually a crime in some countries, doesn't that also apply in Ireland?

    Fully Automated Luxury Gay Space Communism



  • Registered Users, Registered Users 2 Posts: 31,159 ✭✭✭✭AndrewJRenko


    Any news on when we’re going to provide the “red light means stop “ training for drivers?

    Maybe we could cover obeying the speed limit and putting your phone away while driving in the training too?



  • Registered Users, Registered Users 2 Posts: 31,159 ✭✭✭✭AndrewJRenko


    What’s the difference between licensing and test with completion certificate?

    The idea that operating a 15 kg bike doing 20-30 kmph needs to be “on the same level” as operating a 4 tonne SUV doing 20-150 kmph is slightly flawed.



  • Moderators, Category Moderators, Arts Moderators, Sports Moderators Posts: 51,689 CMod ✭✭✭✭magicbastarder


    the insurance company paid out (not nearly that much) on a tip my mother in law had with another driver in the pavilions in swords - even though the assessor told my FIL he reckons the cars never actually came into contact!



  • Registered Users, Registered Users 2 Posts: 912 ✭✭✭Detritus70


    And you know exactly that had his claim been proven to be bogus, nothing whatsoever would have happened to him. It's just a matter of "keep trying it on, worst that can happen I get no money this time". Sick.

    Fully Automated Luxury Gay Space Communism



  • Registered Users, Registered Users 2 Posts: 1,003 ✭✭✭DarkJager21


    We could - I could also tell you about many occasions I nearly flipped a cyclist over the roof because he felt entitled to break a red light at a junction I had right of way on. Think we can all agree that everyone using the road needs to know how to use it safely but don't try get one up with random videos because cyclists as a whole are not saints either - lot of them on the road who shouldn't be allowed anywhere near a bike.



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  • Moderators, Category Moderators, Arts Moderators, Sports Moderators Posts: 51,689 CMod ✭✭✭✭magicbastarder


    same guy each time? odd, i have very, very rarely 'nearly flipped a cyclist over the roof'.



  • Registered Users, Registered Users 2 Posts: 269 ✭✭JayPS 2288


    Green doesn’t Just mean go … it means Go if the way is clear.

    Anything could be coming through the red, a Garda, ambulance, fire services, a vehicle with failed brakes.

    Whether or not the cyclist broke the rules, they don’t need a licence, you do. You have a greater duty of care. It might be unfair but they’re the rules.



  • Registered Users, Registered Users 2 Posts: 31,159 ✭✭✭✭AndrewJRenko


    Have you tried keeping count of this kind of incident?

    You're right in that many cyclists aren't angels. Neither are they in control of a tonne or two of metal going at speeds of 20-150 kmph. It is a complete false equivalence to compare the dangers arising from non-angelic cyclists and the dangers arising from non-angelic motorists.

    The idea that people need training to stop at red lights is slightly flawed too. Everyone on the road knows what red lights are for and how they work. Some cyclists make decisions to break lights, with generally a slight danger to themselves and no-one else. Many motorists make decisions to break lights, break speed limits, drive on the phone, with a very substantial danger arising to others.

    We need some decent enforcement, and we need training especially for those drivers who haven't opened ROTR in living memory.



  • Registered Users, Registered Users 2 Posts: 1,003 ✭✭✭DarkJager21


    Sorry but red means stop - it doesn't mean "interpret the danger to yourself and keep going" it means stop where you **** are. Its attitudes like that which is exactly why cyclists should be required to learn the rules of the road, a fuckin law on to themselves



  • Registered Users, Registered Users 2 Posts: 269 ✭✭JayPS 2288


    You arguing with a point I simply did not make. I never said red doesn’t mean stop. I said green doesn’t mean go, it means go if safe to do so,

    I’ll give DFB, the Gardaí and the ambulance a call. I’ll let them know to obey all lights if you (and I hope you never do) need to call them.



  • Registered Users, Registered Users 2 Posts: 31,159 ✭✭✭✭AndrewJRenko


    Can we take it that you NEVER break a speed limit?



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  • Registered Users, Registered Users 2 Posts: 1,003 ✭✭✭DarkJager21


    What has a speed limit got to do with stopping for a red light?? And no I generally stick to the limits because a) I'm not a **** driver and b) my daughter is with me on most journeys.



  • Moderators, Sports Moderators Posts: 25,889 Mod ✭✭✭✭CramCycle


    What is your point? A certain % of road users, regardless of vehicle run red lights. It is not all cyclists and it is not all motorists but it is a percentage of both. The limited number of studies done in Dublin seem to show more motorists than cyclists do it but if you go down that route, I could pick holes in the studies that make them pointless. What is your point is? Well it is beyond me. No one here is denying some cyclists break lights. Cyclists know the rules of the road, I knew red lights mean stop long before i passed my test, did you not? Did someone have to sit you down before you got your license and explain it. My child was told it in school but he knew it long before. As any parent will tell you, when driving with a young child, at a certain stage they love to point out red light breakers and shout go go go when the light goes green.

    Your nonsense hyperbole is just that, nonsense. Red light running is illegal, it should not be tolerated, yet it happens every day in our major cities, and no one does anything. There is no junction on the N11 where I don't see several motorists running reds. I often see it in front of AGS with no response. I also see cyclists doing it, there are less cyclists so there are less cyclists running reds but typically its very low because most don't fancy death or disability as a side effect of the commute, while rarely one will be a complete muppet, the ones who do, typically slow to a crawl and roll through. Should they get in trouble, of course. Should it be a priority, well, and this is only an opinion, as a selfish twat, no because the only one they are statistically likely to hurt or kill is themselves. Should it be a priority for motorists, yes, because they are likely to hurt someone else if an accident occurs.



  • Registered Users, Registered Users 2 Posts: 31,159 ✭✭✭✭AndrewJRenko


    Weren't you the one talking about learning the rules? Is that just the rules that suit you? Speeding by motorists is one of top three causes of road deaths. Cyclists breaking red lights isn't one of the top 100 causes of road deaths.

    Your 'generally' is doing a lot of work there. If you break the speed limit, you're really in now position to be jumping up and down about cyclists breaking red lights.



  • Registered Users, Registered Users 2 Posts: 912 ✭✭✭Detritus70


    Do you always and with no exception obey the speed limit? And have always done since obtaining your license?

    We need to know this before accepting any further input from you.

    Fully Automated Luxury Gay Space Communism



  • Registered Users, Registered Users 2 Posts: 31,159 ✭✭✭✭AndrewJRenko


    ICYMI I'm not the one jumping up and down about cyclists breaking red lights.



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