Join Date: Oct 2013
Location: Windsor, ON, Canada
Thanked 46 Times in 29 Posts
Again, this is like saying a homeowner is partially responsible for being shot if a burglar breaks into his home and shoots him.
Some things are subject to opinion and others are not.
Really this isn't.
The riders only mistake was operating a vehicle in Russia.
The 10 mile an hour under rule is pretty common, here in Ontario, you can drive 80KM/H on a 100KM/H highway.
Now I know this wasn't in Canada, but if it were, the law and the insurance company would have deemed the driver of the car 100% at fault.
If the motorcycle had been doing 10 over and the driver 30 over would the motorcyclist been partially at fault for not speeding enough?
If...IF and only IF the motorcyclist was doing significantly under the speed limit to a non legal degree, then he's partially at fault.
If he's within legal limits of the speed limit then he's not.
Flow of traffic isn't "how fast I want to drive", it's the speed of the vehicles ahead of you.
I don't know what the laws are in Russia regarding driver fault and responsibility, but I can't see any situation other than the motorcyclist driving illegally slow (a truck passing him isn't an indication, unless like Ontario, all large trucks are governed, and even then, they are governed slightly above the speed limit, so they can still pass vehicles that are only traveling the speed limit).
Had he been hit, the motorcyclist would have been a victim of criminal negligence (again assuming US/Canada, this is Russia so who knows), and not in the "oh I'm a victim poor me" sense that we like to use, but a serious and legitimate victim.
Right of way means little if you're dead
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