QUOTE(vincent2197 @ Apr 16 2022, 10:10 AM)
I didn't say drive within speed limit means reckless, I said even driving within speed limit can still be reckless in certain circumstances.
While you can say that what amounts to reckless is open to debate, ultimately it will be up to the court to determine on a case to case basis.
This case you shared is a civil case, where the plaintiff suffered losses because of the negligence of NSH, whereas the present one is a criminal case.
Anyway, my point is that when a reasonable driver see obstruction ahead they will slow down despite what the speed limit says, if a driver never slow down and swerved at last minute and cause casualty to other road user, that is reckless driving despite driving within speed limit.
The argument in SKT's case is that the so called obstruction could not be easily detectable probably because of the angle of the road, road brightness, the bicycle group not wearing bright shirt etc. In such a situation just how slow you need to drive to not be reckless is really unclear, hence the dissatisfaction of the judgment by many of us.
criminal or civil caseWhile you can say that what amounts to reckless is open to debate, ultimately it will be up to the court to determine on a case to case basis.
This case you shared is a civil case, where the plaintiff suffered losses because of the negligence of NSH, whereas the present one is a criminal case.
Anyway, my point is that when a reasonable driver see obstruction ahead they will slow down despite what the speed limit says, if a driver never slow down and swerved at last minute and cause casualty to other road user, that is reckless driving despite driving within speed limit.
The argument in SKT's case is that the so called obstruction could not be easily detectable probably because of the angle of the road, road brightness, the bicycle group not wearing bright shirt etc. In such a situation just how slow you need to drive to not be reckless is really unclear, hence the dissatisfaction of the judgment by many of us.
it still has the same obstacle on road,
where the driver fails to control the car and "reckless" knock into it.
if your argument stand, then NSH will not need to pay compensation as SKT kes she is bearing 100% responsibility.
the obstructions are 40+ wild animals scattering on the road,
NOT 1 but 40+
i doubt there is enough room for her car to squeeze past.
have you ever calculated reasonable driver driving at 50km/h needs how long stopping distance to stop the car?
Apr 16 2022, 10:27 PM

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