Spanish Driver Sues Dead Cyclist
Click on the above link and read the article - tell me what you think. Imagine that the car driver was not speeding and only that he failed to see a cyclist who was riding at night with no reflective clothing and no helmet. (The driver in the article has not faced any criminal charges).
Is he right to want compensation for the damage to his vehicle from the dead cyclist's family?
If one car driver caused a collision with the other but died of his injuries, the other driver would claim against the dead person's insurance company being liable for the accident - not involving the dead man's relatives. However as this case involved a cyclist there is no insurance company to fall back on so he would naturally look towards the dead man's relatives for compensation.
You could however question why the driver has not claimed against his own insurance company. The article unfortunately does not provide full details of the accident, if the accident was solely the fault of the cyclist, why should the driver have to make a claim to his insurance company which would subsequently affect his premiums and any no claims bonus. Compare this with someone whose car is vandalised; their insurance is affected, yet they are not to blame - is this fair?
Personally if the cyclist was wholly to blame I do not blame the driver for making a claim although directing this at the cyclist's family appears insensitive, but it may be the only option. Even if the cyclist is only partly responsible the driver can still claim.
If this case happened in the UK, I think many home insurance policies cover liabilities relating to householders' actions and the driver would be able to claim against this.
3 comments:
Cyclists are really becoming a nuisance, especially in winter when it is dark. They ride around in dark clothes and no lights on their bikes. It is not fair that car drivers are seen to be the ones at blame in these types of accidents. I've seen many near accidents due to cyclists eiher not making themselves visible or squeezing past traffic queues. Pedestrians are getting worse too and yet again if the pedestrian is run over the presumption is that it's the car driver's fault.
The Denver Post
Some further information on this case in the above article.
The Court found both parties at fault, it appears that the cyclist who was not wearing a helmet or reflective clothing pulled out of a side road in front of the car driver (typically circumstances which would make him liable), however the car driver was travelling at alomost twice the speed limit.
Keep up the good work.
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