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Phatman

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    Kwazulu-Natal
  1. Phatman

    The Munga 2019

    First female over the line. No live feed, no fanfare on the Munga Facebook site, nothing. And the hub so busy arguing over whether the guys did the right thing that nobody noticed.
  2. This is the standard response to be expected from the hub club. Expect that soon someone will have something to say about your comment that the person in possession of the bike did not seem like someone in the financial state to own such a bike. Thank you and well done to you for going the extra mile and trying to do the right thing.
  3. Stretch denims. Nothing else comes close to fitting.
  4. If you want gravel roads, go directly over the R61 at Southbroom traffic lights (from Southbroom side) then take a left turn approximately 20m later. This leads to a network of gravel roads. You can find your way around with Strava. The only trail close by is Clearwaters, which has approximately 20km of easy trails and farm roads.
  5. That was never what I said. Cyclist breaking a road rule can be argued to be a mitigating factor in determining liability, resulting in reduced or suspended sentence etc. Nobody said anything about suing an injured person for denting a car. Where did you get that from? And no I won't "just stop" for you, open forum, if you don't like what I have to say, I believe there's a "block" or ignore feature, use it.
  6. http://www.saflii.org/za/cases/ZAGPPHC/2015/597.html https://www.arrivealive.mobi/answering-the-question-who-is-to-blame-for-the-crash Better?
  7. Excerpt from link copied and pasted below. If a driver does knock a pedestrian or cyclist, the normal duties of a driver in event of accident as provided by Section 61 of the Act apply: The driver must immediately stop the vehicle and report the accident. The driver must check if anyone has sustained an injury, as well as the seriousness of the injury, and render assistance to the injured person if he/she is capable of doing so. The driver must provide his/her details to anyone having reasonable grounds for requesting his/her details. If the driver has not already reported the accident to a police or traffic officer at the scene of the accident, he/she must report the accident as soon as reasonably practicable, unless he/ she is incapable of doing so due to injuries sustained in the accident. Where a person is killed or injured it must be reported within 24-hours after the occurrence of the accident or in any other case on the first working day after the occurrence of such accident The driver must not, except on the instructions of a medical practitioner, take any intoxicating liquor or drug having a narcotic effect. A vehicle involved in an accident where another person has been killed or injured shall not be removed from the position in which it came to rest until the removal has been authorised by a traffic officer. The only time a vehicle may be moved without authority is when the accident causes complete obstruction of the roadway of a public road, only then can it be moved sufficiently to allow the passage of traffic. And, this is only after its position has been clearly marked on the surface of the roadway by the person moving it. Except for the purpose of sufficiently allowing the passage of traffic, no other person may remove a vehicle which has been involved in an accident without the permission of the lawful owner, driver or operator In any prosecution for a contravention of any provision of Section 61 it shall be presumed, in the absence of evidence to the contrary, that the accused was aware of the fact the accident occurred, and that he or she did not report the accident or furnish information as required. In the event that a motorist knocks down a pedestrian or a cyclist, and the State decides to pursue a criminal case against him/her, the State will have to prove beyond a reasonable doubt that the driver is in fact guilty in terms of criminal law. This, off course, entirely depends on evidence which is gathered during the investigation which will, for example, look into the speed, and manner, in which the car was driven. Motorists may also face harsh consequences if the State proves they are guilty of reckless, or negligent driving, or inconsiderate driving. It goes without saying, but the consequences of driving while drunk, or under the influence of drugs, also carries harsh penalties, especially if someone has been hurt, or worse, killed. These consequences may include imprisonment for culpable homicide where the death of a pedestrian or cyclist is the result of serious negligence or recklessness. How does this prove your point? I don't have a link to the requested legislation, sorry. One of my clients is however an attorney specialising in medical malpractice suits and RAF claims, who has educated me on various cases where RAF pays out much smaller amounts and covers much less of medical expenses incurred (as low as 30%) when blame has been apportioned to a cyclist/pedestrian due to violation of a road rule. And riding single file is one of the rules of the road pertaining to cyclists.
  8. Riding 3 abreast (original post) is not within the law. And no I don't drive an Audi or BMW, I drive a little Palio mostly. I wouldn't be taken seriously if I had to hoot at anyone whilst driving the Palio.
  9. Blame is apportioned in any accident. I'm not saying it's ok to run over any road user (cyclist, pedestrian etc). But it is arrogance to think that we can do whatever we like with no regard for other road users and drivers must just deal with it.
  10. Calm down, I don't make the road rules. It's not "ok" to knock over anyone, but blame IS apportioned, for example if said jaywalker is intoxicated. Cyclists are obligated to follow road rules just like drivers in order to make the roads safer for all users.
  11. The law doesn't see it the same way. Cyclists riding single file get knocked - 100% blame apportioned to driver. However, cyclists riding 2/3 abreast will not have the same level of protection. Perhaps blame will be apportioned 50/50, because of said cyclists breaking a rule of the road. This is not victim blaming, these are facts which will impact possible driver liability, potential RAF claims etc.
  12. If you want to debate, address a post on its merits rather than resorting to exaggeration and conjecture. You know by now that the OP's posts tend to be balanced and well thought out, so don't put words in his mouth.
  13. Don't be lazy, read the thread before commenting. If you see no fault on cyclists' part in OP's post,then you're part of the problem. Your mentality seems to be "Whether we're following rules or not doesn't matter, all that matters is that everyone else follows the rules"
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