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But the law here in Holland is that the driver is always at fault when hitting a bicycle. The bike lanes came later... (and yes they are a god send)
by wila 6y ago
But the law here in Holland is that the driver is always at fault when hitting a bicycle.
The bike lanes came later... (and yes they are a god send)
- Galanwe 6y agoSame here in France. If a car hits a walking or cycling person, whatever the situation they are at fault. Most of what the cyclists comment here would result in car drivers getting a huuuge insurance increase.
- wolrah 6y ago> If a car hits a walking or cycling person, whatever the situation they are at fault. This is insane. Cyclists run stop signs, red lights, etc. all the time. Pedestrians run out in to traffic from behind parked cars. If they get hit when they do that it's their own fault. What everyone needs to understand in every mixed traffic environment is that sharing the road goes both ways. Drivers have a responsibility to look out for cyclists, but cyclists have a responsibility to make themselves able to be seen. Everyone has a responsibility act in a way that allows their actions to be predicted by other users of the road, you never want to be surprising people. If your actions cause someone to have to hit their brakes or make evasive maneuvers and you had a reasonable choice to not do those things, you're the one in the wrong even if you're legally right.
- adrianN 6y agoDrivers are in control of potentially deadly machines. When I got my driver's license I was taught to always be prepared to stop in case somebody does something stupid. I think defaulting to having the driver at fault is reasonable. If they have proof they couldn't possibly stop, they are free to take the case to court.
- kergonath 6y ago> you're the one in the wrong even if you're legally right IOW, you’re right. Law is funny that way.
- jeromenerf 6y agoWell, in France, some accidents are not a matter of law, but insurance arbitration. There is not "whatever the situation", just a default assumption that pedestrians and cyclists have priority. Then there is a case study. The insurance arbitration can be weird though: if you are getting out of a parking spot, with all the indicators and cautious maneuvers, and get hit, you are at fault. Bike, car, bus ...
- Fnoord 6y agoIts not insane; on the contrary, it is clever. The risk of physical damage is higher with a cyclist, than a car. The law tries to balancethat risk/reward out, and it leads to car drivers driving more safe because now the risks are higher. Furthermore, a lot more cyclists fit in a city than cars, and they are more likely local population who also take care of local Co2 reduction. Although tourists are welcome to cycle as well.
- akadruid1 6y agocycling is a chicken and egg problem. while you're all saying "cyclists are responsible for being seen" then cycling stays as macho hobby. As a UK cycle commuter who travels a lot to Netherlands, the big thing they did there is to make it normal and easy for everyone to cycle. Not just fit macho well equipped enthusiasts but children, elderly, timid, and badly equipped. Once the bike lane is fully separated and well lit and full of other cyclists you don't need high vis gear and excellent situational awareness to avoid being killed and that makes cycling universally accessible and slashes the number of cars required
- CalRobert 6y agoSimilarly, if a hunter kills me in the woods it is my fault for not dressing like a clown.
- tomcooks 6y agoOnly in Holland? Rest of the Netherlands has different rules?
- Fnoord 6y agoCould have just said s/Holland/Netherlands And/or: Holland are two provinces of The Netherlands.
- wila 6y agoI'm from the south and don't really see a problem to call it Holland which is why I used that word, even while I reconsidered using the more correct "The Netherlands". The distinction between Holland / Netherlands is not interesting unless you are from down here. It is similar to the distinction between hackers & crackers. Yes it is different, no.. most people don't care (and shouldn't care IMO).
- Freak_NL 6y agoNo in all of the Netherlands, fortunately.
- CalRobert 6y agoI had a similar thought, but then, I also find it annoying when people say "America" to mean the United States, and not the continent(s)