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Culpability

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  • October 26, 2015 at 2:16 pm #24979
    BlackbeardonaBMX

    A driver overtakes a cyclist in the wet, and then brakes. Cyclist unable to brake as hard goes into the back of the car, causing a dent. Cyclist uninjured – who’s liable?

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  • October 26, 2015 at 10:42 pm #862313
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    BlackbeardonaBMX

    No real sign of aggression,

    No real sign of aggression, just a pretty hard stop by the look of things. Disc brakes on the bike, so a good stopping capability, but the wet and spray will have had an effect.

    October 26, 2015 at 10:16 pm #862311
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    Eric D

    Did the driver get ahead by a

    Did the driver get ahead by a reasonable ‘stopping distance for a bike’ between them before pulling back in ?

    Was his braking intentional towards the cyclist ? ie previous aggro

    Did the cyclist brake to the best of his abililty ?

    Did the bike have adequate brakes – not 1970s chrome rims with hard rubber blocks ?

    They would go for 100 yards before drying out enough to begin to stop.

    ‘Raleigh Raincheck’ built a leather ‘squeegee’ strip into the blocks.

    http://player.bfi.org.uk/film/watch-raleigh-raincheck-advert-1976/

    £1 ! Not likely.

    October 26, 2015 at 2:17 pm #862309
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    BlackbeardonaBMX

    A point of clarification –

    A point of clarification – who’s liable for the dent?

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