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By notlloyd (registered) - website | Posted May 01, 2014 at 21:41:42 in reply to Comment 100780
Key word is "normally."
If you are driving down the road at night otherwise normally, and the driver in front of you is stopped in the middle of the road with his lights off and you hit him, he may bear a large portion of the liability.
There are ample cases where rear end collisions occur and the driver in front is at fault - just not normally. Every case turns on it sown facts.
So, it does not change just because the person in front of you is in a non-motorized metal machine.
That's why I posted the comment about absolutism in philosophy.
Further, thousands of people cheered as innocent people were guillotined during the French Revolution. Just because they were large in number did not make them right. As Atticus Finch said in To Kill a Mockingbird, "the courts are the great levelers." We are all lucky for that.
Further to that, the cyclist in Really's example is both morally and legally culpable.
And who says the woman won't ultimately be partially responsible for the deaths. If she is her damages will be reduced and she will have to pay part of the family's loss.
I think there is far too much here to be discussed on a blog
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