When I was learning to drive my mother impressed upon me that the most important rule of the road was my duty of care to other road users. It doesn't matterr how many rules they break, my job is to do everything I can to avoid a collision. It's a legal duty I owe to other road users, and it's the smartest thing to do for my own welfare. I googled "duty of care" and found this article which explains it pretty well for road users. I was also interested that it came out of Donohue and Stephenson; did anyone else learn about the Snail-in-the-bottle at the nursery table? **
This popped into my head on a ride with too many close passes. It seems most road users these days have no interest in the welfare of other users, and the courts agree. "I didn't mean to hit them, but I made no effort to ensure I wouldn't" seems to be a successful defence.
For background, I am looking for a way to enjoy cycling again by getting past my fear. But the more I think about it, my previous trust that other road users weren't oblivious to the danger they put me in seems misplaced.
**I didn't have a nursery table: I am not Sebastian Flyte.
Duty of care
Re: Duty of care
It was just a train of thought I had, first about the risky things that we undertake without too much thought. I believe driving is up there with the most risky things, as in you're more at risk while driving than you are while cycling.
Then, following on from that, I was thinking about the occasions when we make the unconscious assumption that other people are or will be executing a duty of care for us as 'others'. Like getting on a bus or into a taxi, consulting a doctor or a physio, walking under scaffolding, employing an electrician, a builder, or a gas engineer in our homes, buying fresh vegetables or meat from someone we assume will have washed their hands after taking a crap, asking a pharmacist for advice about the medication we're buying ... the more I thought about it, the more ubiquitous a thing it seemed to be.
I don't address your comments about the legal consequences of a failure of 'duty of care' - to me, that seems like a whole giant step away from what makes you fearful day-to-day about riding your bike. Are you really most concerned that there would be no real punishment of a transgressor? Do you really believe that more severe consequences would be enough to improve driver behaviour around cyclists?
That's it really. Sorry if it doesn't make much sense.
Then, following on from that, I was thinking about the occasions when we make the unconscious assumption that other people are or will be executing a duty of care for us as 'others'. Like getting on a bus or into a taxi, consulting a doctor or a physio, walking under scaffolding, employing an electrician, a builder, or a gas engineer in our homes, buying fresh vegetables or meat from someone we assume will have washed their hands after taking a crap, asking a pharmacist for advice about the medication we're buying ... the more I thought about it, the more ubiquitous a thing it seemed to be.
I don't address your comments about the legal consequences of a failure of 'duty of care' - to me, that seems like a whole giant step away from what makes you fearful day-to-day about riding your bike. Are you really most concerned that there would be no real punishment of a transgressor? Do you really believe that more severe consequences would be enough to improve driver behaviour around cyclists?
That's it really. Sorry if it doesn't make much sense.
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