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by closeparen 2983 days ago
>"If a car could've avoided the accident"

That's a pretty crucial distinction from strict liability, and is much closer to what we have in the US (at least on paper, you have a duty to avert a collision if you can, regardless of right of way).

Unless you mean the most trivial sense of "you could have avoided the accident by not driving."

"Needs to watch out for" is quite different from "is always at fault if it collides with."
1 comments
bkor 2983 days ago
The impression I get from statement made here it actually seems to be hugely different. Too much of "should watch out", etc. It's more of a "in case cannot be proven, car is in the wrong". In practice, good luck proving that the bike was doing something weird. As result, they watch out.

I don't understand your comment of "strict liability" btw. It's not black/white situation. However, in general they rule against the car. As result, people on bicycles abuse this (especially in Amsterdam). But there's the benefit of a super huge bicycle usage, so although it's not perfect, it seems worth it.

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vivekd 2983 days ago
strict liability is a legal term of art that means something along the lines of "you are guilty no matter what the reason." It's used in North America can be found often in things like traffic tickets or regulatory offences. For example, if you were speeding, it doesn't matter what the reason is, for example it doesn't matter if your odometer was broken or if the posted street signs were impossible to see due to fog or whatever, all the prosecution has to prove is that you were going at a certain speed and you are automatically guilty no matter what.

The individual you are replying to was saying that comments here made it sound like strict liability for drivers and cyclists. That even if you were driving as carefully as possible, if a cyclist suddenly appears from behind a bush and cuts exactly in front of your car while you were doing 80 km an hour and you did everything humanly possible to stop and avoid him, you would still be at fault. He's saying later comments seem to suggest otherwise.

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