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
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.)
I’m not against the law you mentioned, in my opinion everyone should be driving/riding defensively and crashes are often a failure of both parties to some extent. Even if you’re technically at fault often the other party could have done something to avoid or minimise the accident.
The insane part was the comparison to scenarios where a party is clearly at fault. How is beating the shit out of a child anywhere near equivalent to hitting a cyclist that has blindly ridden in front of your car with no chance to have predicted it?
More like shooting a gun at a shooting range, where you have a space you’re supposed to shoot, and someone is running across that range and gets hit. Are you a murderer then?
I get the “fuck cars” mentality, I’m with you, but making bad arguments doesn’t help our cause.
