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« Reply #2 on: December 01, 2010, 01:28:36 AM » |
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I can understand why it is the way it is, and agree with it... sometimes as harsh as the result can seem. [note, i originally wrote be, instead of seem... i do explain in the end ;p]
The guy, arsehole or not... should have checked his mirrors before opening his door, but the cyclist also should have left adequate space just in case... much like I have the common courtesy to leave a decent gap when overtaking a cyclist, just in case they fall off. I'm not exactly sure on the highway code on that, but at very least... that should be common sense. Negligence, at very least for the driver... potentially both.
The cyclist... on the other hand... is pretty screwed. He not only attacked someone, but left the scene without making adequate medical provisions for his victim. I was once told by a nurse that if you ever find yourself in a fight, be gone by the time the police get there, but a) always phone an ambulance if you have seriously injured them b) put them in the recovery position. You have a duty of care for the other person, irrespective of the disagreement, and this would be reflected. The not being there in the first place does somewhat make it harder for them to track you down and identify, of course.
As much as you would like to sometimes because people sometimes deserve it, you can't go around lamping everyone you have a disagreement with.... my general rule is only punch when someone attempts to punch you, it is defence. Never ever be the aggressor... and in the laws eyes you are, even if they've done something to you... it's arguable that someone who punches someone so hard after an incident like that is genuinely a decent guy... we'll unlikely ever know the full situation... devils advocate, the other guy might have actually tried to apologise, after a genuine mistake... hearsay doesn't hold much swing in court... wasn't a nice guy, obviously... had to be being a twat here too!
I do feel sorry for the cyclist, a silly mistake could quite easily ruin his life, but... in retrospect, how did the guy in the car know that a silly mistake would cost him his?
At the end of the day, the motorist is likely to have caused the incident, but the cyclist didn't have to react the way he did, and act with no due care. He took as many liberties as the other, which is why he will likely be imprisoned, and I think our legal system is right to treat things in such a way. We'd be getting to a stage where you'd be allowed a do-over if you went off at someone, as long as you can prove they did something to enrage you first.
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