[*BCM*] tonight's ride

Anne Wolfe goannego at gmail.com
Sat Nov 1 10:14:41 EDT 2008


It would be a tragedy for anyone hurt or injured and their families, no
question at all.  But take a look at other things where people think they're
in the right and the rest of the world thinks "yes, but what kind of person
just DOES that sort of thing?" to see where the public lies on this.  Public
opinion often has little or nothing to do with legal verdicts.  Not to
mention that if there is contributory negligence (the legal equivalent of
"what the hell were they doing out there in the first place") then any
damages etc would be reduced quite substantially.

Case in point: last week in the Globe was the story of some 8 year old kid
who shot himself in the head with an Uzi.  At a gun shoot.  Legally.  With
his father and an instructor standing by.  With full consent of the father.
Tragedy, no question.  Your heart goes out to the family.  Except the
overwhelming public opinion, while acknowledging it was a tragic accident,
was to say "what the hell kind of father lets his 8 year old kid even touch
an Uzi under any circumstances?"  Those kind of gun shoots are about to be
regulated out of existence, though they may not have broken any current
laws.  Just sheer public outcry will do it.  Nothing to do with legal
liability.

It would be totally the same if a tragedy happened through this kind of
action on the part of CM.

2008/11/1 john saylor <js0000 at gmail.com>

> hey
>
> On Sat, Nov 1, 2008 at 9:37 AM, Anne Wolfe <goannego at gmail.com> wrote:
> > how much a difference it would have
> > made if one of the drivers on Storrow had come round a bend at 55 miles
> an
> > hour and ploughed into the back of the group
> > The resulting injuries, probably fatal, would not have resulted
> > in a rush of sympathy for cyclists in the eternal struggle against
> drivers.
>
> while certainly some people would have the reaction you propose, i
> wouldn't be too sure that all will.
>
> also, even though most bicycle/car accidents end up without any
> penalties for the drivers, something like this may have been different
> [maybe not].
>
> and given that i don't know the legal status of riding on storrow, i
> can't comment on further legal action regarding this hypothetical
> incident.
>
> and, just to be clear, it would a horrible tragedy for the cyclist[s]
> and their loved ones if anyone was killed.
>
> > All the cries of "we've
> > got every right to be there" would be lost against the overwhelming tidal
> > wave of how stupid this stunt would have been, and set the cause of cycle
> > rights back ages.
>
> this is a guess on your part. what if the car that ran into the
> cyclists was driven by a drunk?
>
> and, of course, the case would be tried in a court other than public
> opinion. this might mean that the laws would be ascendant instead of
> the screaming pundits.
>
> > expect that no responsibility means that nothing is actually going to
> > change as a result of any CM action, regardless of how the public
> perceives
> > it - good or ill.
>
> thx for that massive projection and oversimplification little miss
> sunshine.
> things change all the time- open your eyes!
>
> --
> \js  [ http://or8.net/~johns/ <http://or8.net/%7Ejohns/> ]
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-- 
Anne M. Wolfe, LL.M.
Mobile: ( 07805) 456901

Reality has a well known liberal bias, Mr President - Stephen Colbert
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