[*BCM*] Police: Didn't see a bike? That's "reasonable and prudent."

[Jim Leonard]

On Thu, Jun 03, 2010 at 10:29:03AM -0700, Dan Barrett wrote:
> I think it's much more likely that the biker will (successfully) look for
> recompense from the driver.  The cop's determination that the driver did
> not commit any traffic violations does not mean that the driver exercised
> the duty of care owed to those around her.

The problem is that unless the cyclist goes to court he's not going to get
anywhere with insurance etc from the driver of the automobile.  If the 
driver were ticketed then the onus would be on the driver / insurance co
to take the cyclist to court to not pay for damages.  This in my mind was 
the big thing about the law that passed last year, making several common
vehicular infractions against cyclists obviously ticketable.

--jim


> 
> But yeah, the cop's reaction is a sad reinforcement of what we all already
> knew.
> 
> d.
> 
> 
> On Thu, 3 Jun 2010 13:12:27 -0400, rob levy <r.p.levy at gmail.com> wrote:
> > Most likely the driver will file an insurance claim against the
> bicyclist
> > (who doesn't have "car insurance") for whatever damages were done to his
> > car.  That ontop of whatever (lasting?) damages were done to the
> victim's
> > health (which may also be an additional financial burden, depending on
> > health insurance etc.).
> 
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