BillyHunt:
ok, my point here is that you could substitute car for cycle and get the same result, you appear to be saying that only the cyclist would lie to get away with it, whereas the car driver would admit they were in the wrong.
Thats not what im saying. I think we have crossed wires. Car/van/bus/lorry drivers lie as well in order to try and get away with things. Thats undisputed. But in this proposal then its in the cyclists best interests to stay quiet. If they are deemed innocent and the driver guilty then why would they say anything? For their part it would be stupid to do so. Keeping quiet works for them,even if they know they are guilty. Thats why im saying its unworkable to have one party deemed guilty till proven otherwise. Not because its cyclists. ANY road user cant be given free innocence over another
BillyHunt:
but it’s not different, if you run into the back of anything for any reason it’s your fault. At least with presumed guilty it’s only presumed until the facts are established then blame is apportioned.
Am I missing something? Without facts to the contrary then the lorry driver gets the blame automatically. Have I misunderstood what this proposal is? The way I read it was that uness evidence points otherwise then the lorry driver is automatically to blame
BillyHunt:
They don’t blame anyone until a full investigation has been carried out, then they will act accordingly.
After said investigation,if there is no evidence to back up lorry drivers claim that,for instance,cyclist pulled out of side road then its classed as driver at fault. Unless im mistaken(See above) then im at a loss as to what it is you cant see is wrong with presumed guilt.
BillyHunt:
because if there is no evidence the cps cannot do anything to anyone, it’s not fair but that’s the system. They simply cannot apportion blame to any party where evidence does not exist, it wouldn’t stand up in court even if it got that far. Think about it, its like them saying to you “we have no evidence to prove who was at fault, but you are taller than him so we are charging you”
Well exactly. So why is saying the lorry driver id guilty UNLESS he can prove otherwise a good thing? Your giving one set of road users carte blanche and that is all wrong.
BillyHunt:
I cannot see it because I know from experience it’s simply not true. As I’ve stated above, no evidence means the case does not go forward.
You keep talking about CPS and cases going to court. I think your at the other end of the scale from what im talking about. Im not meaning deaths or paralysis,im more talking about bumps and minor stuff. Is the proposal different for high end stuff? Have I misread? Because your right,without hard evidence saying otherwise,its unworkable to blame one party automatically. Which is what im saying. But if ive misinterpreted and for serious stuff then other evidence is still a must rather than presumed guilt then thats why I cant see why your so for it. But I still dont agree presumed guilt is EVER workable. To me,it’ll breed more hatred for cyclists. Its human nature to push the limits and if some cyclists see they have presumed innocense then they will push even more their disregard for the road and highways.
BillyHunt:
all I’m saying here is that if, and I don’t think it will, it came here it wouldn’t make people drive any differently. Drivers seem to think they will have to change the way they drive, and in plenty cases they should, but all it does is make them more aware of their responsibilities.
Yes. Plenty drivers need to be more aware of their responsibilities. But when you have some cyclists who think it acceptable to ignore red lights,go the wrong way up one way streets,go round a roundabout the wrong way and all manner of other road laws they choose to ignore,is allowing them LESS responsibility really the best way forward?