unicycle versus car on the pavement

TA?

Very clearly: if you crash into a stationary object, then the assumption is that you have been negligent. Res ipsa loquitur - the thing speaks for itself. If you blame the owner of the large stationary object for you hitting it, or that you were not negligent for hitting it, then the onus of proof is on you.

I write as someone who has spent 25 years working in insurance claims - motor and household, public and employer’s liability and dealing with litigation arising from exactly this type of issue.

There are a few cases in Bingham’s (the “bible” of RTA liability) where the court has found in favour of the moving party. They are cases where the moving party had no other choice, or where the obstructing vehicle was unlit in the rain on a dark and stormy night, facing the wrong way, and the driver of the moving vehicle was a heavily pregnant nun on a mission of mercy to save a sick orphan from imminent death at the hands of an axe murderer - that sort of thing.

If you damage a stationary vehicle, you are negligent. If you do it carelessly or recklessly, then consider that perhaps the car’s broken down, or been left there in a genuine emergency, or stolen and abandoned - and not the owner’s fault.

Riding carefully is not “all reasonable precautions” when you could dismount.

Your friend just enjoys breaking off mirrors. …And I can understand that.

But the motorist is not going to change their attitude about things if they don’t know why their mirror is missing. Sure, they should be able to figure this out, but on the other hand, shouldn’t they be able to figure out a legal place to park if they really want to? :slight_smile:

If you want to educate motorists about parking on cycle lanes, pavements, etc. a better approach might be to adorn their car with a sticker to that effect. Something that says “This car was parked where it blocked pedestrian/cycle traffic, making it dangerous for people to get past.” Be sure to stick it on the painted part of the car; it’s too easy to scrape stickers off windows! :stuck_out_tongue:

Could be…

[QUOTE=
If you want to educate motorists about parking on cycle lanes, pavements, etc. a better approach might be to adorn their car with a sticker to that effect. Something that says “This car was parked where it blocked pedestrian/cycle traffic, making it dangerous for people to get past.” Be sure to stick it on the painted part of the car; it’s too easy to scrape stickers off windows! :p[/QUOTE]

What an excellent idea, i’ll get some printed and hand them out, I’ll give some to the local bike club aswell.

I have seen several cars with a huge sticker on the wind screen, on the exact spot so that it’s really difficult to see the road when driving. They where given to “invalid civilians” (people suffering handicap) the stickers say:
THIS IS A PARKING PLACE RESERVED FOR INVALID PEOPLE!!!
My mate’s mother used to be invalidd and she told me that it’s really difficult to take those stickers of the windscreen (it must be sticky paper).
It’s always a pleasure to see those stickers on a wind screen, especially on a SUV:D. I wish I could get a few ones, just to “educate” people who park on reserved parking places.

I don’t agree: people feeling an attack will vent their anger and not change their behaviour.
I’d rather leave a card on the windscreen with a very polite text with an image of a scar on a car and saying something like " I am sorry but I could not go another way and had to apply extreme measures to avoid hitting your car, my apologies…"
well probably as ineffective since the width of the sarchasm is probably beyond the grasp of the faulty person … but much much better for one’s ego!

I knew that would come back to bite me. Of course, if you’re really going to “reward” motorists with stickers, they should only be applied to the glass. I too have seen the big nasty stickers on some peoples’ cars, usually on the side glass. I don’t know if there are any legal ramifications to sticking them on the windscreen. Looks like paper-based stickers are the way to go. Vinyl stikers, though better for long life, can peel off more easily.

They aren’t stupid and they actually work.

I have them on my muni. They don’t get in the way of your foot. You don’t even notice them. The extra width has not caused any additional occurrences of pedal strikes on objects due to the extra width of the pedal. When I ride the outside edge of my foot extends over the edge of the pedal anyways so the extra width of the Pedal Protector is a non-issue. My foot is more likely to get in the way of an object and cause a pedal strike than the Pedal Protector is.

The Pedal Protectors work and they’ll protect a car from damage caused by a pedal as you’re either riding by or pushing the unicycle by.

My suggestion to get the Pedal Protectors was a serious comment in response to cathwood’s concern about accidentally damaging cars with the pedals.

Sorry to bump an old thread, but I’ve had some relevant recent experiences.
In the UK all local councils should have a phone line to call traffic wardens to come out to ticket illegally parked vehicles. I’m sure this will be the case worldwide as local authorities are always lookign for ways to get more money!
If your route is regularly blocked, after a few tickets have been issued you should find that it’s not such a popular place to park…