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

[Peter]

The cop may have been wrong but in my own personal experience the (non)existence and substance of a citation is irrelevant in recovering damages. 
Given the general disregard of traffic laws from both motorists and cyclists around here I can't see what possible difference passing another law or changing an existing law will make.


--- On Thu, 6/3/10, Dan Barrett <dbx at pobox.com> wrote:

From: Dan Barrett <dbx at pobox.com>
Subject: Re: [*BCM*] Police: Didn't see a bike? That's "reasonable and prudent."
To: "Boston Critical Mass" <list at bostoncriticalmass.org>
Date: Thursday, June 3, 2010, 1:29 PM

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.

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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