Nicky D, I don't disagree that all the individuals in a group of riders owe each other a duty of care. What you have spectacularly failed to set out is what duty of care they have, and why this is in any way above the level that you can usually expect on the road?
Caselaw holds that you do not owe a third party any duty to not have an accident that they witness (Greatorex v Greatorex), so that third party cannot sue for trauma caused by being a witness to the accident. There is also caselaw the defines the duty of car as any driver, being that any other roaduser can expect you to drive as a normal competant roaduser, even if you haven't passed your test. So what is it about 'the group' that means you are culpable for someone else's actions? What's the limit on this? What about if I'm riding normally through a junction, and someone else in the group crosses without looking? Have I encouraged him to drive through the junction by my behaviour? What about if I'm just riding along at a quick pace, and someone decides they're going to try and keep up with them? Hows about if I'm involved in the accident as a rider in a group, but I survive and the pedestrian I hit doesn't? Can I blame everyone else in the group?
And that is why you have to have some form of legal career before you become a judge, and even mnagistrates have a legal counsel to explain the law to them - they do not make judgments on the law. If any old tom dick or harry could do it, then they would, and you would end up with imbecilia like NickyD's spoutings.
Posted: 06/12/2011 at 23:38
