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	<title>Comments on: This Is A Tragedy, Not Only Because Of What Happened, But Because It Could Have Been Prevented</title>
	<atom:link href="http://bostonbiker.org/2009/10/10/this-is-a-tragedy-not-only-because-of-what-happened-but-because-it-could-have-been-prevented/feed/" rel="self" type="application/rss+xml" />
	<link>http://bostonbiker.org/2009/10/10/this-is-a-tragedy-not-only-because-of-what-happened-but-because-it-could-have-been-prevented/</link>
	<description>A community for cyclists in Boston</description>
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		<title>By: Jazzercycle</title>
		<link>http://bostonbiker.org/2009/10/10/this-is-a-tragedy-not-only-because-of-what-happened-but-because-it-could-have-been-prevented/comment-page-1/#comment-1641</link>
		<dc:creator>Jazzercycle</dc:creator>
		<pubDate>Tue, 13 Oct 2009 13:26:18 +0000</pubDate>
		<guid isPermaLink="false">http://bostonbiker.org/?p=1711#comment-1641</guid>
		<description>Oh man between comment from Mikiel saying we should blow lights for fitness and Brian saying its our fault we get doored, its a sad day if these two are driving or biking. Stop being ignorant, there are people (LIVES) behind all those modes of transport.  Grow up, follow the rules and be a contributing citizen not a dumbass, and people can be safer on the roads. Why is it so hard for people to follow some rules?  Get over it, it&#039;s not that bad.</description>
		<content:encoded><![CDATA[<p>Oh man between comment from Mikiel saying we should blow lights for fitness and Brian saying its our fault we get doored, its a sad day if these two are driving or biking. Stop being ignorant, there are people (LIVES) behind all those modes of transport.  Grow up, follow the rules and be a contributing citizen not a dumbass, and people can be safer on the roads. Why is it so hard for people to follow some rules?  Get over it, it&#8217;s not that bad.</p>
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		<title>By: Boston Biker</title>
		<link>http://bostonbiker.org/2009/10/10/this-is-a-tragedy-not-only-because-of-what-happened-but-because-it-could-have-been-prevented/comment-page-1/#comment-1640</link>
		<dc:creator>Boston Biker</dc:creator>
		<pubDate>Tue, 13 Oct 2009 12:42:15 +0000</pubDate>
		<guid isPermaLink="false">http://bostonbiker.org/?p=1711#comment-1640</guid>
		<description>Brian, no one agrees with you, least of all the law in this state.  The law is clear, it is the drivers responsibility to look behind them before opening their door.  If you would like to read it feel free to go &lt;a href=&quot;http://www.massbike.org/resourcesnew/bike-law/&quot; rel=&quot;nofollow&quot;&gt;here&lt;/a&gt; and &lt;a href=&quot;http://www.massbike.org/bike-law-update/&quot; rel=&quot;nofollow&quot;&gt;here&lt;/a&gt;.  

I understand you are trying to keep people safe, and I agree if riders act in a defensive way they will be safer, but it is 100% the motorists responsibility to look behind them before opening their door, if they do not do so they will be held legally and morally responsible for their actions.  

Human beings are not puppies, and if they wish to have the responsibility to drive around giant hunks of metal they have to step up and do so in a safe way.  If they can not be bothered to take the few seconds it look behind them they should not be driving.  Much in the same way that we expect them not to run over pedestrians, not to run into other cars, to drive on the right hand side of the street, etc.  

Your argument is completely without merit.  However the sentiment of your statement that cyclists should try to be safer, I agree with.  But in no way, logically, legally, morally, are cyclists to blame if they get doored.  

You are in essence making the same argument some make when women are rapped &quot;how short was your skirt&quot; while yes it not always a good idea for women to walk around at night in short skirts, that does not make it &quot;their fault&quot; if they get assaulted.</description>
		<content:encoded><![CDATA[<p>Brian, no one agrees with you, least of all the law in this state.  The law is clear, it is the drivers responsibility to look behind them before opening their door.  If you would like to read it feel free to go <a href="http://www.massbike.org/resourcesnew/bike-law/" rel="nofollow">here</a> and <a href="http://www.massbike.org/bike-law-update/" rel="nofollow">here</a>.  </p>
<p>I understand you are trying to keep people safe, and I agree if riders act in a defensive way they will be safer, but it is 100% the motorists responsibility to look behind them before opening their door, if they do not do so they will be held legally and morally responsible for their actions.  </p>
<p>Human beings are not puppies, and if they wish to have the responsibility to drive around giant hunks of metal they have to step up and do so in a safe way.  If they can not be bothered to take the few seconds it look behind them they should not be driving.  Much in the same way that we expect them not to run over pedestrians, not to run into other cars, to drive on the right hand side of the street, etc.  </p>
<p>Your argument is completely without merit.  However the sentiment of your statement that cyclists should try to be safer, I agree with.  But in no way, logically, legally, morally, are cyclists to blame if they get doored.  </p>
<p>You are in essence making the same argument some make when women are rapped &#8220;how short was your skirt&#8221; while yes it not always a good idea for women to walk around at night in short skirts, that does not make it &#8220;their fault&#8221; if they get assaulted.</p>
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		<title>By: Brian</title>
		<link>http://bostonbiker.org/2009/10/10/this-is-a-tragedy-not-only-because-of-what-happened-but-because-it-could-have-been-prevented/comment-page-1/#comment-1639</link>
		<dc:creator>Brian</dc:creator>
		<pubDate>Tue, 13 Oct 2009 12:27:18 +0000</pubDate>
		<guid isPermaLink="false">http://bostonbiker.org/?p=1711#comment-1639</guid>
		<description>Very sad tale, and thanks BB for bringing it to our attention.

That said, PLEASE PLEASE PLEASE stop blaming drivers for dooring cyclists.  If a cyclist gets doored, it is his/her fault.  You cannot expect all drivers to look behind them when they open their doors.  It&#039;ll never happen.  You know that parked cars will open their doors.  If you ride right next to parked cars, it is only a matter of time before you hit one.  Blaming the drivers is like blaming a puppy for chewing your nice shoes:  sure, the puppy did it, but you knew it would happen, and it&#039;s your fault for leaving your nice shoes out.

If you want cyclists to be safer, convince them that it&#039;s their fault if they get doored.</description>
		<content:encoded><![CDATA[<p>Very sad tale, and thanks BB for bringing it to our attention.</p>
<p>That said, PLEASE PLEASE PLEASE stop blaming drivers for dooring cyclists.  If a cyclist gets doored, it is his/her fault.  You cannot expect all drivers to look behind them when they open their doors.  It&#8217;ll never happen.  You know that parked cars will open their doors.  If you ride right next to parked cars, it is only a matter of time before you hit one.  Blaming the drivers is like blaming a puppy for chewing your nice shoes:  sure, the puppy did it, but you knew it would happen, and it&#8217;s your fault for leaving your nice shoes out.</p>
<p>If you want cyclists to be safer, convince them that it&#8217;s their fault if they get doored.</p>
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		<title>By: Paul Schimek</title>
		<link>http://bostonbiker.org/2009/10/10/this-is-a-tragedy-not-only-because-of-what-happened-but-because-it-could-have-been-prevented/comment-page-1/#comment-1632</link>
		<dc:creator>Paul Schimek</dc:creator>
		<pubDate>Tue, 13 Oct 2009 02:02:18 +0000</pubDate>
		<guid isPermaLink="false">http://bostonbiker.org/?p=1711#comment-1632</guid>
		<description>This crash took place when on a high-speed road with a very wide shoulder.

Here&#039;s what the police said:

-------------------------
&quot;He looked off, he was looking at something else and realized the curve in the road came a lot faster than what he anticipated,&quot; explained Deputy Chief Dale Bennett of the Bexar County Sheriff&#039;s Office.

Deputy Chief Bennett told News 4 WOAI the office&#039;s hands are tied. He said under current law, unless a driver is drunk or high, it is difficult to prove recklessness. And legally, charges can not be filed for &quot;an unfortunate accident.&quot;

&quot;Was he texting? Was he on the phone? What was the issue? Why was he distracted? Why did he go off the road? Driver inattention...is basically what it amounts to,&quot; Deputy Chief Bennett said. &quot;And there&#039;s nothing we can do about drivers not paying attention.&quot;

According to deputies, even if the driver had been texting or using his cell phone, that would not be enough to file charges against him. The deputies said until the laws are changed, there is nothing they can do. 
-------------------------

http://www.woai.com/news/local/story/People-outraged-driver-who-struck-and-killed/wtZVy_UNMECDopcvKlpt4A.cspx

Looking away from the road for more than a few seconds, especially while going 70 mph, is dangerous and negligent. The courts have long held that drivers have a duty to maintain a lookout in front. This motorist also violated statutes requiring staying in a lane and keeping a safe distance to the left when passing. Causing a death by violating these rules is negligent homicide and should be prosecuted. The problem is that Texas and many other states require *gross* negligence for a conviction, and no juror will say that looking away for more than a few seconds meets the standard of gross negligence. However, properly instructed jurors might find that it constitutes ordinary negligence, despite likely biases against bicyclists (&quot;they shouldn&#039;t be on the road&quot;).</description>
		<content:encoded><![CDATA[<p>This crash took place when on a high-speed road with a very wide shoulder.</p>
<p>Here&#8217;s what the police said:</p>
<p>&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;-<br />
&#8220;He looked off, he was looking at something else and realized the curve in the road came a lot faster than what he anticipated,&#8221; explained Deputy Chief Dale Bennett of the Bexar County Sheriff&#8217;s Office.</p>
<p>Deputy Chief Bennett told News 4 WOAI the office&#8217;s hands are tied. He said under current law, unless a driver is drunk or high, it is difficult to prove recklessness. And legally, charges can not be filed for &#8220;an unfortunate accident.&#8221;</p>
<p>&#8220;Was he texting? Was he on the phone? What was the issue? Why was he distracted? Why did he go off the road? Driver inattention&#8230;is basically what it amounts to,&#8221; Deputy Chief Bennett said. &#8220;And there&#8217;s nothing we can do about drivers not paying attention.&#8221;</p>
<p>According to deputies, even if the driver had been texting or using his cell phone, that would not be enough to file charges against him. The deputies said until the laws are changed, there is nothing they can do.<br />
&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;-</p>
<p><a href="http://www.woai.com/news/local/story/People-outraged-driver-who-struck-and-killed/wtZVy_UNMECDopcvKlpt4A.cspx" rel="nofollow">http://www.woai.com/news/local/story/People-outraged-driver-who-struck-and-killed/wtZVy_UNMECDopcvKlpt4A.cspx</a></p>
<p>Looking away from the road for more than a few seconds, especially while going 70 mph, is dangerous and negligent. The courts have long held that drivers have a duty to maintain a lookout in front. This motorist also violated statutes requiring staying in a lane and keeping a safe distance to the left when passing. Causing a death by violating these rules is negligent homicide and should be prosecuted. The problem is that Texas and many other states require *gross* negligence for a conviction, and no juror will say that looking away for more than a few seconds meets the standard of gross negligence. However, properly instructed jurors might find that it constitutes ordinary negligence, despite likely biases against bicyclists (&#8220;they shouldn&#8217;t be on the road&#8221;).</p>
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		<title>By: Zero Combustion &#187; Blog Archive &#187; Naked.</title>
		<link>http://bostonbiker.org/2009/10/10/this-is-a-tragedy-not-only-because-of-what-happened-but-because-it-could-have-been-prevented/comment-page-1/#comment-1616</link>
		<dc:creator>Zero Combustion &#187; Blog Archive &#187; Naked.</dc:creator>
		<pubDate>Mon, 12 Oct 2009 00:27:41 +0000</pubDate>
		<guid isPermaLink="false">http://bostonbiker.org/?p=1711#comment-1616</guid>
		<description>[...] response to this post in Boston [...]</description>
		<content:encoded><![CDATA[<p>[...] response to this post in Boston [...]</p>
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		<title>By: Mikiel</title>
		<link>http://bostonbiker.org/2009/10/10/this-is-a-tragedy-not-only-because-of-what-happened-but-because-it-could-have-been-prevented/comment-page-1/#comment-1612</link>
		<dc:creator>Mikiel</dc:creator>
		<pubDate>Sun, 11 Oct 2009 19:22:00 +0000</pubDate>
		<guid isPermaLink="false">http://bostonbiker.org/?p=1711#comment-1612</guid>
		<description>Regarding the speed that the majority of cyclists use, which turns into running stop signs and at times endangering pedestrians and themselves, to me demonstrate the desire for fitness and efficiency that bikes allow. If you are riding a bike slowly and safely, it isn&#039;t really the most strenuous activity, and if being in the saddle is the only exercise you get during the day, you might as well push yourself a little bit.</description>
		<content:encoded><![CDATA[<p>Regarding the speed that the majority of cyclists use, which turns into running stop signs and at times endangering pedestrians and themselves, to me demonstrate the desire for fitness and efficiency that bikes allow. If you are riding a bike slowly and safely, it isn&#8217;t really the most strenuous activity, and if being in the saddle is the only exercise you get during the day, you might as well push yourself a little bit.</p>
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