Quote:
Originally Posted by DJ123
Similar to a work place H&S situation, the employer does as much as they can to make it safe. But it does not mean you are absolved of all care and responsibility, you still have a duty of care for yourself and others as well as the surroundings.
Taking it back to a road view, it can have an impact on the insurance payouts and where blame (a portion of) can lie.
EG if you do wear a lot of reflective clothing and lights it shows the care of duty you have for your own wellbeing, vs someone who has made no effort at all.
On one of the Police programs a few years a go there was a young Motorist who hit what she thought was a Deer whilst driving at night on an unlit dual carriage way; front LH side of the car & windscreen all smashed up. Turns out it was a Cyclist who had no lights, bright or reflective clothing. She had no chance of seeing him and no charges were made/pressed.
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Folk who take a duty of care for their own wellbeing still get hit, see Adams post and mine on the previous page. Hi viz and reflectives aren't a magic pill.
Breaking laws by not having lights post sunset and pre sunrise is a different matter. The remainder of his clothing is still irrelevant, there's nothing to guarantee she wouldn't have hit him if he was dressed any differently. The same as me getting hit in broad daylight when I'd done everything "right", would it have still happened if I was wearing black?
Choosing clothing or lighting in order to stand out is only effective when it's actively looked for and an appropriate response given. but - when you mandate that things drivers hit are all dayglo yellow everything starts to blend in again. Ironically, black would become the stand out colour.
How far do you take it before enough it enough and driving standards are addressed?