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Hmm, I am going to be a cunt and argue with this one.
I am not sure on the logistics of this exact case, but something similar happend in england.
A boy was crossing a motorway near where he lived and a bike hit him. What the boy was doing was very wrong as you should never cross a motorway and is against the law. The motorbike hit and killed him and the driver suffered serious injuries.
He sued and got damages and won the case.
Now what has the driver done at fault? Why should he have to suffer for his damages to his health and his bike when he has done 100% nothing wrong.
Its a tragedy yes, but the biker did nothing wrong(but theres a lot that hasnt been said, did he have lights, was he in the middle of the road etc)
In a case like that I would agree 100%, and I feel this story may have similar lines. Riding a bike at night for example.
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