Who was liable to pay the 3 million dollars? The company the dump truck driver worked for or he himself? If it was the company, I would like to know more about what action was taken against the actual offender in this incident - driving school? disciplinary action? nothing?
It is one thing to get hit in the pocketbook, which certain hurts, but loss of license or mandatory education seems to me like it would round out the whole thing a little more. May just be that I don't know enough details and there were previous articles that comment on this aspect.
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jeff
Posted: Wed Apr 29, 2009 11:12 am
SOC pussyJoined: 05 May 2006Posts: 4501
freemywrld wrote:
Who was liable to pay the 3 million dollars? The company the dump truck driver worked for or he himself?
From the very first paragraph of the story:
The family of a 19-year-old man, whose death on a Seattle street in 2007 triggered a community outpouring for better bike-safety measures, has settled a lawsuit against the company that owned the dump truck that crushed him.
The parents of Bryce Lewis, Marc and Laura Paolicelli of Colorado, have agreed to an undisclosed sum of money from Nelson & Sons Construction of Woodinville, said the family's attorney, John Christensen of Tacoma.
henry
Posted: Wed Apr 29, 2009 11:12 am
somewhat piggishJoined: 05 Aug 2005Posts: 5415Location: on porch with shotgun
Was it ever determined that the driver actually did anything wrong? I though the consensus was that the bikes passed the truck on the right as it was turning. If that's the case I'm guessing the settled for some rather low amount that the trucking company decided was cheaper than fighting (and winning) in court.
Grumpy GreebJoined: 20 Aug 2005Posts: 5329Location: flavor country
henry wrote:
Was it ever determined that the driver actually did anything wrong? I though the consensus was that the bikes passed the truck on the right as it was turning. If that's the case I'm guessing the settled for some rather low amount that the trucking company decided was cheaper than fighting (and winning) in court.
i don't understand the way the law is written, probably it's not written at all.
Really the situation is just an inherent problem with bike lanes.
say there is weird situation where two car lanes. both can go straight and both can turn right. and dude in the left lane turns right in front of a car in the right lane. who's at fault?
now replace the right lane with a sidewalk and the car turned into with a pedestrian. who's at fault?
my vote is dude that turned is at fault for not checking his mirrors.
but as we can see what is really at fault is the stupid way in which cars are made to interact with bike lanes.
freemywrld
Posted: Wed Apr 29, 2009 11:54 am
Joined: 30 May 2006Posts: 374Location: Lost
the dreaded ben wrote:
now replace the right lane with a sidewalk and the car turned into with a pedestrian. who's at fault?
my vote is dude that turned is at fault for not checking his mirrors.
but as we can see what is really at fault is the stupid way in which cars are made to interact with bike lanes.
In the case of a pedestrian getting creamed by a right-turning car, I am pretty sure the the law is written such that the driver is at fault.
I agree that bike lanes are placed such that they tend to put cyclists in no less danger than if they just rode the street - examples being this situation or something like those silly lanes that run right next to parked cars, causing many to get doored by drivers exiting their vehicle without looking.. all that happy fun horseshit.
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ripper
Posted: Wed Apr 29, 2009 12:11 pm
evilmikeJoined: 19 Apr 2006Posts: 640Location: Capitalist Hill
getting doored and the right hook are the two things that scare me most about cycling. I've ridden in the lane of a major interstate highway during the daytime, and that memory freaks me out less than that intersection by red robin.
I'm glad there's some small amount of closure on this.
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btm
Posted: Wed Apr 29, 2009 12:23 pm
Joined: 02 Jul 2008Posts: 493Location: Rural Maine
freemywrld wrote:
Who was liable to pay the 3 million dollars? The company the dump truck driver worked for or he himself? If it was the company, I would like to know more about what action was taken against the actual offender in this incident - driving school? disciplinary action? nothing?
I got hit once while on a motorcycle going "zoom fast" where the SUV coming the other direction turned in front of me and I ran into the side of it.
Long story short, I was the only one charged with anything and I went to "driving school" as part of a deal with the city.
These classes are completely and utterly useless. It was full of repeat offenders whose lawyers were cutting deals to keep them on the road. The curriculum was shit like "watch this movie about how road rage isn't a good thing" and discuss what you did, followed by what you should have done. Let's just say there wasn't any regret in that group.
Also, having spent a few miles behind the wheel of large trucks, I'm just going to say that it's in your very best interest to always yield to them.
AlabamaJoined: 15 Sep 2006Posts: 303Location: Central District
freemywrld wrote:
Who was liable to pay the 3 million dollars? The company the dump truck driver worked for or he himself? If it was the company, I would like to know more about what action was taken against the actual offender in this incident - driving school? disciplinary action? nothing?
It is one thing to get hit in the pocketbook, which certain hurts, but loss of license or mandatory education seems to me like it would round out the whole thing a little more.
Really?
REALLY?
Let's say to drive truck for a living. You have no prior road offenses. One day you make a right turn, failing to see two tiny, fast moving cyclists in a novelty lane and you accidentally kill a young man.
Is punishing this guy really going to provide any justice? What's the loss of a license in the face of accidentally killing someone?
Also, bike lanes are an attractive hazard; viva sharrows.
freemywrld
Posted: Wed Apr 29, 2009 2:49 pm
Joined: 30 May 2006Posts: 374Location: Lost
Finn wrote:
freemywrld wrote:
Who was liable to pay the 3 million dollars? The company the dump truck driver worked for or he himself? If it was the company, I would like to know more about what action was taken against the actual offender in this incident - driving school? disciplinary action? nothing?
It is one thing to get hit in the pocketbook, which certain hurts, but loss of license or mandatory education seems to me like it would round out the whole thing a little more.
Really?
REALLY?
Let's say to drive truck for a living. You have no prior road offenses. One day you make a right turn, failing to see two tiny, fast moving cyclists in a novelty lane and you accidentally kill a young man.
Is punishing this guy really going to provide any justice? What's the loss of a license in the face of accidentally killing someone?
Also, bike lanes are an attractive hazard; viva sharrows.
I guess my thought process was increasing education about the sharing of the road between cyclists and vehicles. As cyclists we have to, obviously, be aware of the dangers around us and never assume anything in regards to vehicles that are near us. However, drivers are notoriously unaware of cyclists. Accidents happen, but as a commercial vehicle operator, I would think that there is some increased expectation of responsibility in looking out for smaller vehicles, pedestrians, and bikes. Not just for their safety but because not doing so is obviously a huge liability for the employer.
So yea, I don't know if it would accomplish anything to punish the driver or not, but I guess I just see under the umbrella of "professional responsibility" not to plow large trucks into other users of the road. dunno.
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SeditiousCanary
Posted: Wed Apr 29, 2009 2:57 pm
sorry, can't make it!Joined: 26 Jan 2006Posts: 2315Location: Fremont Troll
The part which many of you either forgot about, or didn't know, was there was a flag waving person associated with directing traffic who gave a pass to the cyclist, who quickly over took the truck at the apex of the turn. The falgger should have held them up, but did not. I do not know if the flagger was employed by the company in question.
lantius
Posted: Wed Apr 29, 2009 2:59 pm
1337Joined: 22 Jul 2005Posts: 6705Location: right over
Finn wrote:
Is punishing this guy really going to provide any justice? What's the loss of a license in the face of accidentally killing someone?
my vote is dude that turned is at fault for not checking his mirrors.
but as we can see what is really at fault is the stupid way in which cars are made to interact with bike lanes.
My guess is that part of the settlement is that the truck driver and company are now indemnified against future claims involving Bryce.
Regardless of settlement terms, I think it's pretty clear that no one "won" here.
Also, having spent a few miles behind the wheel of large trucks, I'm just going to say that it's in your very best interest to always yield to them.
+1. The blind spots of a smallish cube truck are still big enough to swallow an Escalade. If you're in doubt, just get in the middle of the traffic lane and wait until the truck makes its move - better to be alive than die for a moral victory or a few seconds off your trip time.
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