When you read this item from FEMA (Federation of European M0torcycle Associations), it seems that if a car driver hits something as big as, or bigger than itself then he may be prosecuted, but anything smaller and less significant on the road then it’s ok and he’ll get away with it. In this case it was a small motorcycle but could just as easily been a pedal cyclist or pedestrian! Worrying indeed.
Most motorcycle safety campaigns put the onus on us to make ourselves visible (ride with lights on even though we don’t need them, wear yellow high viz clothing etc) and we suffer the consequences if we don’t, when I have always been a believer that the onus is on the ‘car driver’ to exercise due care and to make sure they check for other road users as neccessary – and not only those dressed in dayglo. This court ruling goes against that belief .
This Report is reproduced from a FEMA circulation. Read this!
” No penalty for running over a motorcyclist
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A Norway court cleared a driver from responsibility for overlooking and seriously injuring a motorcyclist. The 16 year-old rider rode his red colored bike in the middle of his lane in a queue of cars at around 60 km/h when he got hit by a car. The driver stated in court that she did not see the motorcycle due to its narrow shape, and that its silhouette was obscured by a signpost in the intersection. The accident seems to be the classic example of a motorcycle just being overlooked by a motorist. However, two out of three judges in the Tønsberg District Court acquitted the driver. Norwegian riders interpret the judgment as equivalent to “overlooking riders will be exempted from punishment”. In effect, the driver would have been held responsible if she had collided with another car. |
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| FEMA member NMCU, the Norwegian Motorcyclists’ Union, explains: “the court is basing its stance on the claim that the car driver did all she could to take due care, and that the accident happened because a motorcycle is harder to spot than a car. With this, the majority of the court is actually claiming that the Road Traffic Act’s requirement for taking due care may be graded”.
The rider had his ankle crushed, his elbow broken and sustained a number of wounds after the car hit him. He was hospitalized for 13 days and was placed on sick leave for two months. NMCU has asked the Prosecutor and State Attorney to appeal the verdict. NMCU has been fighting for years to raise awareness and visibility of motorcyclists. One of their most popular campaigns, “Bugs”, reminds car drivers to not mistake motorcyclists for bugs. Unfortunately, lots of work still remains to be done. “ |
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Andy,
Seen the French response to a proposal to ban filtering in traffic … http://ukfrancebikers.com/2010/03/14/french-motorcyclists-more-angry-than-ever/
Worth watching, if just for the YouTube clips of the Peripherique under biker control 😉
Craig
Hi Craig, I’ve had a look at the link. What a fantastic response. I especially like the bit about clogging up the Metro aswell. I’ll do a News Post about it as I think it is well worth publicising.
Cheers