"I argue it is negligent for a cycling bunch to be a no stopping zone"
Road Safety Advocate
Negligence is a failure to take reasonable care to avoid causing injury or loss to another person. There are four steps in proving negligence. The plaintiff must prove:
- that there is a duty in the circumstances to take care duty of care
- that the behaviour or inaction of the defendant in the circumstances did not meet the standard of care which a reasonable person would meet in the circumstances (breach of duty)
- that the plaintiff has suffered injury or loss which a reasonable person in the circumstances could have been expected to foresee (damage)
- that the damage was caused by the breach of duty (causation).
Bunch Riders are flagrantly breaching Regulation 126 of the Australian Road Rules and may also be breaching sub-clause (1) or (2) of Regulation 151 "Riding a motor bike or bicycle alongside more than 1 other rider",
thereby possibly jeopardising any public liability insurance cover that they may want to rely on because public liability insurers, hereinafter Insurers,
was breaking a road rule when its negligence caused a serious trauma injury to a third party
Road Rule 126. Keeping a safe distance behind vehicles
A driver must drive a sufficient distance behind a vehicle