Oh, I thought he was driving a Prius or something.Oops I mean mph.
Oh, I thought he was driving a Prius or something.Oops I mean mph.
The cyclist speed is irrelevant. Why in the world would a person stop on a highway for ducks in the median. She doesn't stop, cycle doesn't hit her. Totally her fault.
Buzzzzzzzzzzzzz, sorry, wrong, answer!Certainly the cyclist's speed is relevant. If the rider had been going 15-20 mph slower, the legal speed limit, he very well may have stopped before hitting the car. In any event, the impact would have been extremely lessened possibly resulting in only injury and not death. It certainly is not totally her fault. The cyclist riding 20% or so above the legal speed limit has definitely responsibility and fault as well.
Buzzzzzzzzzzzzz, sorry, wrong, answer!
This situation was caused 100% by stopping in a traffic lane.
End of story.
The question was, who caused the accident. She did by stopping.
Certainly the cyclist's speed is relevant. If the rider had been going 15-20 mph slower, the legal speed limit, he very well may have stopped before hitting the car. In any event, the impact would have been extremely lessened possibly resulting in only injury and not death. It certainly is not totally her fault. The cyclist riding 20% or so above the legal speed limit has definitely responsibility and fault as well.
Agree, there is some fault with the cyclist due to the speed he was traveling. It would be considered reckless,especially being on a motorcycle where there is much less protection. I see it on freeways quite often, motorcyclists flying at warp speed. It only takes another vehicle driver to do something stupid and they won't have much time to react.Ding Ding Ding Ding, correct answer. The woman stopping in a traffic lane is a causative factor but not the only factor. Speeding ~20% above the legal limit was a significant causative factor as well. Stopping distance from 75-80mph is almost double the distance required at 60mph. The cyclist was significantly at fault in his own right.
What if she was stopped because a car in front of her was stopped? What if she stopped for a baby in the road?
Yep, no reason to rear end someone in a fog or a white out condition or even a parked car on the freeway.The driver has to slow down for the conditions and be able to stop from hitting the vehicle in front of them.If she had not of stopped maybe the cyclist would have swerved and caused a 100 car pile up. Maybe she saved a bunch of lives. I see it as some one driving the speed limit in fog, if they rear end some one, they were going too fast for conditions.
No brake lights, no emergency flashers, easy to not assume the vehicle is stopped. Happens all the time. Especially with all of the distractions of a busy highway, which is where she stopped. People have been stopped on the shoulder with no flashers, brake lights illuminated or triangles out and have been rear ended because people thought the vehicle was in a moving lane. Happens even more at night, when drivers see lights ahead and think that they belong to a car traveling in the right lane, only to find out too late that the lights are on a disabled vehicle on the shoulder. That's why it's illegal to stop your car in a travel lane, because people will think you're traveling in a travel lane.Again, what the woman did by stopping her car on the highway was not smart, but how does a driver not see a vehicle stopped on the roadway?
That's a straw man logical fallacy. If her car had just quit, then it would have been totally his fault (he's not blameless in this). But that's not what happened. She stopped her car intentionally, causing a traffic hazard. You can come up with all kinds of alternate scenarios, like a stopped car in front of her car, a deer in the road, a sofa laying in the middle of the lane, a break dancing baby in the road, but those are all different cases with different circumstances. The only facts and circumstances that matter in this case are the ones in this case.The reason she stopped is pretty stupid, but if she had stopped because her car just quit, would the biker have been able to stop in time?
No, and that's why it's his fault: failure to maintain assured distance. Because life is full of surprises.
The ducks weren't in the road, they were over on the side of the road, in the grassy median (on hwy 30, just south of Montreal on the South Shore). She stopped her car, in the fast lane, to herd the ducks up and take them home. The law where it happened is no stopping in a lane of traffic unless it is an emergency, and no dangerous driving which could cause an accident.What is the law where this happened? Some laws state it is illegal to intentionaly hit an animal. Maybe the person at fault is the one that failed to recognize the fact they needed to put up duck crossing signs to alert drivers that cars may be slowing down or stopping in that stretch of road.