Edit: to clarify: the message in the ad is actually ironic/satirical, mocking the advice for cyclists to wear high-viz at night.
It uses the same logic but inverts the parts and responsabilities, by suggesting to motorists (not cyclists) to apply bright paint on their cars.
So this ad is not pro or against high-viz, it’s against victim blaming
Cross-posted from: https://mastodon.uno/users/rivoluzioneurbanamobilita/statuses/113544508246569296
A cyclist us never to blame for a car hitting a cyclist. It is always always always the drivers fault, because they chose to drive a car.
That’s an insane take, right? If I as a cyclist blindly ride across a road directly in front of a heavy vehicle, surely it’s on me. In what way would that be the heavy vehicle drivers fault?
This ‘take’ is close to the law in NL. The shift in responsibility is there to even out the differences in safety mechanisms. The law acknowledges this disparity and seeks to provide additional protection to vulnerable road users. This rule encourages car drivers to exercise extra caution, knowing that they will likely bear legal responsibility in the event of an accident.
It’s important to note that the rule imposes strict liability, which means that the motorist is presumed responsible for damages unless evidence strongly indicates otherwise. If the cyclist is partially at fault (e.g., running a red light), liability might be shared, but the motorist is rarely absolved entirely.
Again, insane comparisons, driving a heavy vehicle is in no way similar to intentionally assaulting someone. A more appropriate comparison might be if your lover was punching a punching bag and you dove in front of it mid hard swing, and they had no time to avoid hitting you. Is that your fault or theirs?
If a cyclist runs over a child, who was not visible at all until they ran into their path with no time to stop, on a path designated for bicycles where a pedestrian has no right to be, is the cyclist at fault?
Anyway I think I might be responding to a crazy person, so I’m probably wasting my time, but I’m interested in how deep it goes.
It’s not insane, even if it’s an unfamiliar concept. @invalid_name@lemm.ee is advocating for what is basically the legal concept known as strict liability. It means that a person is held liable for the consequences of an action, even in the absence of negligence or intent. American courts have applied it to things like crop dusting, or use of explosives, but this exact scenario is the law in the Netherlands. A driver hitting a bicyclist there is strictly liable for at least half of the damages in all unintentional crashes. (That is, when the driver can’t prove that bicyclist was trying to get hit.)
