Quote:
Originally Posted by nomadking
Sounds like pure chance she didn't kill him. Stands to reason if you're going to get in the way of a faster moving person who has right of way, you might come off worse. Just because he survived and she didn't, should give her actions and those of others a free pass.
If he been able to brake and in time, but was killed in the process(eg sent flying by applying the front brakes, it can happen), what are the chances that she would have been prosecuted?
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What stands to reason is that if you're going to cycle on public roads you do it on a legal bike equipped with functioning brakes. What she did/didn't do doesn't absolve him of responsibility for that and who knows what would have happened 'if'? If she's shown to have acted negligently and contributed to the accident then I'm sure that'll be taken into account by the court.