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PostPosted: Wed Feb 25, 2009 22:55 
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RobinXe wrote:
dcbwhaley wrote:
My only thesis is that no victim of a criminal act, that is criminal not accidental, should be considered to be in any way to be a culpable participant in that act. I would expect his compensation to be commensurate with his injuries so, yes, I would expect his compensation to be higher if the vehicle was in such a condition that his injuries were exacerbated. Just as I would expect them to be reduced if the injuries were mitigated by a more sensibly designed vehicle.


Criminal acts are punished on the merits of the act, not those of the outcome. Haven't we already covered this?


Exactly, Criminal culpability and civil liability are diferent things.

Sadly frequently confused (particularly by the media :x :x :x )

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PostPosted: Thu Feb 26, 2009 08:15 
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RobinXe wrote:
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Yes. But we are not discussing the compensation paid to the victim not the punishment meted out to the perpetrator. Punishment is determined by the intent; compensation by the outcome. The compensation is not part of the punishment


Exactly! Now you're starting to understand. The punishment is meted out for the "criminality" of any offence, but that offence ends with it's commission, regardless of the aftermath. In the case of compensation all the factors that contributed to this aftermath can be assessed, and if the injured party did not take all reasonable steps to protect themselves then the sum of damages can be adjusted accordingly.
Come on, tell me you see this!


I have never failed to understand and of course I see the distinction between criminal and civil law. I can also tell the difference between a mouse and an elephant. So stop criticising me for things I never said.

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The ambulance-chasers have conditioned the greedy and weak-minded to believe that someone else being at fault absolves them of any responsibility to look out for themselves. Its like someone slipping on an ice rink and then suing the owners because there was not the H&S mandated sign warning of a slippery surface.


There is a huge gulf between slipping on the obviously slippery surface of an ice rink and being knocked off a bicycle by a criminally impatient speeding motorcyclist. The first is entirely predictable. The second is a rare event. Not so rare as a machete wielding maniac but sufficiently uncommon not to require the taking of elaborate precautions. You are confounding these criminal events with the far larger numbers of simple accidents which result in cyclists injuring their heads and concluding that because a considerable number of of cyclists injure their heads then a helmet-less cyclist who's injury is occasioned by a criminal is in some way culpable.

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People need to take some responsibility for the things they can influence, rather than allowing life to happen to them, and then suing.


(Only when those things are likely to happen and easy to influence. I am not going to donate my entire savings to Space Gaurd to help reduce the danger of the Earth being hit by an asteroid. The risk is too small and the influence of a few thousand pound to small.

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PostPosted: Thu Feb 26, 2009 08:28 
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You're being ridiculous now. Its time to stop clinging to your untenable position. Incidents where blame is attached and compensation sought are not uncommon, and wearing a helmet when undertaking an activity with an elevated risk of head injury is not an "elaborate precaution".

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PostPosted: Thu Feb 26, 2009 08:43 
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RobinXe wrote:
You're being ridiculous now. Its time to stop clinging to your untenable position. Incidents where blame is attached and compensation sought are not uncommon, and wearing a helmet when undertaking an activity with an elevated risk of head injury is not an "elaborate precaution".


Got to agree with Robin here, I have ended up buying a helmet for cycling (many years ago) because of an accident where niether I (nor anyone else) was to blame (20mph crash on black ice) and for snowboarding when I had a coming to gether with another boarder that left me dazed and confused for several minutes.
I hae to wear a helmet for work. If I have an accident, wheter self inflicted or caused by anyone else or, if I am injured in the corse of my duties and have not been wearing a helmet I am likely to get reduced compensation. This also goes for not wearing steel toe capped boots (and I bloody hate them).


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PostPosted: Thu Feb 26, 2009 09:52 
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bloody hell are you lot still going ? :o


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PostPosted: Thu Feb 26, 2009 10:14 
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Vikeonabike wrote:
I hae to wear a helmet for work. If I have an accident, wheter self inflicted or caused by anyone else or, if I am injured in the corse of my duties and have not been wearing a helmet I am likely to get reduced compensation. This also goes for not wearing steel toe capped boots (and I bloody hate them).


Hard shell industrial safety helmets and steel capped boots have a proven safety effect. The evidence on the effect of wearing a polystyrene cycling helmet is still ambiguous - they may even worsen injuries. That is the reason I oppose compulsion and oppose taking not wearing one into account when assessing compensation.

Having to wear something that worsens ones injuries so that one can claim full compensation for those injuries seems unreasonable.

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PostPosted: Thu Feb 26, 2009 10:15 
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ed_m wrote:
bloody hell are you lot still going ? :o


I really would like to draw the line under this but I get called "huffy" when I do :D

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PostPosted: Thu Feb 26, 2009 12:37 
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dcbwhaley wrote:
Hard shell industrial safety helmets and steel capped boots have a proven safety effect. The evidence on the effect of wearing a polystyrene cycling helmet is still ambiguous - they may even worsen injuries. That is the reason I oppose compulsion and oppose taking not wearing one into account when assessing compensation.


This precedent clearly only applies when a helmet would have had a beneficial effect. The court has ruled, I believe they have got it right. You disagree, but for reasons that have been shown to be ostensibly shaky. I think that's quite an adequate line to be drawn under the matter; you are entitled to your opinion, regardless of it's accuracy.

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PostPosted: Thu Feb 26, 2009 15:07 
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RobinXe wrote:
dcbwhaley wrote:
Hard shell industrial safety helmets and steel capped boots have a proven safety effect. The evidence on the effect of wearing a polystyrene cycling helmet is still ambiguous - they may even worsen injuries. That is the reason I oppose compulsion and oppose taking not wearing one into account when assessing compensation.


This precedent clearly only applies when a helmet would have had a beneficial effect. The court has ruled, I believe they have got it right. You disagree, but for reasons that have been shown to be ostensibly shaky. I think that's quite an adequate line to be drawn under the matter; you are entitled to your opinion, regardless of it's accuracy.


And you, of course, are equally entitled to your severely biased opinion. :D

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PostPosted: Thu Feb 26, 2009 19:05 
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There seems to be quite a lot of stuff on the effectiveness of cycle helmets:

http://www.rospa.com/roadsafety/info/cycle_helmets.pdf

http://www.chapmancentral.co.uk:8080/We ... e/C139.pdf

http://www.ncbi.nlm.nih.gov/pubmed/9450120

http://injuryprevention.bmj.com/cgi/con ... ct/9/3/266

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PostPosted: Thu Feb 26, 2009 19:38 
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Linking to Chapman Central, Prof? Are you in fact Spinfrift?


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PostPosted: Thu Feb 26, 2009 19:57 
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Johnnytheboy wrote:
Linking to Chapman Central, Prof? Are you in fact Spinfrift?


When I used Scholar to search, his site had the actually paper in pdf on it, so I used the link. Me quoting him will hopefully annoy him ;)

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PostPosted: Thu Feb 26, 2009 22:26 
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dcbwhaley wrote:
And you, of course, are equally entitled to your severely biased opinion. :D


Which has, of course, been ratified by the courts, so I feel suitably vindicated! :D

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PostPosted: Fri Feb 27, 2009 07:33 
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RobinXe wrote:
dcbwhaley wrote:
And you, of course, are equally entitled to your severely biased opinion. :D


Which has, of course, been ratified by the courts, so I feel suitably vindicated! :D


I thought that we had agreed to draw a line under this but since you won't I can only say that I feel equally vindicated by the legislature's unwillingness to introduce compulsion :D

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PostPosted: Fri Feb 27, 2009 11:58 
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dcbwhaley wrote:
I thought that we had agreed to draw a line under this but since you won't I can only say that I feel equally vindicated by the legislature's unwillingness to introduce compulsion :D


Nor would I agree with it if they did! People should be able to make their own choices, and also take responsibility for those choices.

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PostPosted: Fri Feb 27, 2009 12:59 
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_____________________________________________________________________________________________________________________________________
A Line: Drawn under it!


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PostPosted: Sat Feb 28, 2009 09:20 
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Johnnytheboy wrote:
Eh? So safety legislation imposed on drivers is a good thing, but safety legislation imposed on cylists isn't? I can't really see a difference as I'm afraid I'm not sure what you mean by "system-wide benefit".


I meant what I wrote.

Mandating drivers to wear seatbelts is an overall a good idea (I think most would agree there), mandating cyclists to wear helmets is not (IMO).

When I drive I wear a seatbelt (and probably would even if it wasn't a legal requirement), when I cycle I do not wear a helmet.

I don't know of anybody who won't drive because they have to wear a seatbelt, having to wear a helmet does discourage cycling and you really do not want to do that.


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PostPosted: Sat Feb 28, 2009 11:05 
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Quote:
having to wear a helmet does discourage cycling


Why?? (really, Why? Did being made to wear crash hats stop/discourage people from motorcycling?))

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PostPosted: Sat Feb 28, 2009 11:58 
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Dusty wrote:
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having to wear a helmet does discourage cycling


Why?? (really, Why? Did being made to wear crash hats stop/discourage people from motorcycling?))


Because it's a pain to some people,they have to carry the helmet around at their destination, it ruins their hair, and it discourages casual cycling. It also re-enforces the perception that cycling is dangerous.

And there are no clear safety benefits (unlike motorcycle helmets and seatbelts).

http://www.bmj.com/cgi/pdf_extract/332/ ... ULTFORMAT=

Quote:
Helmet laws caused cycling levels to drop by 30 per cent in Australia
while head injuries fell by only 11 per cent. The injury risk for those
who continue to cycle has risen and in some parts of Australia, injury
rates are at an all time high (Australian Road Accident Prevention
Research Unit, 1999).


http://www.bikebiz.com/news/20198/CTC-slams-BHIT


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PostPosted: Sat Feb 28, 2009 12:05 
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Dusty wrote:
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having to wear a helmet does discourage cycling


Why?? (really, Why? Did being made to wear crash hats stop/discourage people from motorcycling?))


Very difficult to tell. Has anyone done a poll of non-motorcyclists to find out if the reason they don't motor cycle is because of the helmet legislation?

Having to wear a helmet would certainly discourage me from cycling though I would probably just ignore the legislation.

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