bramling
Veteran Member
Oh so if a pedestrian gets killed by stepping out in front of a car without looking and it transpires that the car wasn't road worthy in the first place then the motorist shouldn't be prosecuted because "it was the pedestrians fault"? No? then in that case the same rule should apply for the cyclist... as it was in this case!
I will thankyou very much because you STILL miss the point... you have been quick to try and defend the cyclists actions... but when you're challenged as to whether you would do the same were it a motorist you remain resolutely silent and refuse to answer the question... as a barrister would say in court... "I will leave the jury to draw their own conclusions from your silence on the matter"
So in the case of the Alloston case he was prosecuted - so the legislation was already there. Personally I find the scale of his punishment objectionable given the accident was not the result of his error.
No I wouldn’t be defending a motorist leaving a scene. In the same way I haven’t defended the cyclist, however I have offered potential mitigating factors to counter yours and others supposition that it must have been due to some kind of guilt on his part. A motorist, of course, wouldn’t be cracking their head on the road as they would be likely restrained by their seat belt, so there is a difference.
But we still come back to the basic fact that the pedestrian caused the accident. Leaving the scene didn’t cause it, and it didn’t affect the consequences. So apart from looking to see if the road layout could be safer or better educating pedestrians, doing anything else is a complete waste of my tax. Sorry if you feel this is harsh, but you or I could have avoided the accident by correctly discharging our obligations before crossing the road. This lady didn’t, and that’s that as far as I’m concerned.