I have a Question for the legal eagles here.
If I take a gun and shoot 5 shots randomly in the air and one bullet strike a person and kills him/her. I will get big trouble even if I say "sorry but I did not see him/her"
Now why do car drivers get away in courts when they say the same sorry words?
Very basically, the issue is that of negligence.
One of the tests for determining negligence is: whether a reasonable man in that situation would foresee the chances of harm occuring to another, and did he take steps to guard against that harm occuring.
Quite clearly the oke who shoots bullets in the air foresees the chances of the bullets injuring someone and he took no steps to guard against this happening. This is very easy to prove in court.
In the case of a car that changes lanes/pulls out from a stop street and knocks over a bike, it is not that easy.
Here it has to be proven beyond reasonable doubt that that the driver was negligent. The driver of the car just has to give evidence that before changing lanes he checked his rearview mirror, saw it was clear and went.
He foresaw the chances of harm occuring and then took steps to guard against that harm by looking in his rearview mirror. So he can argue that he was not negligent as he took the steps a reasonable driver is expected to take and still did not see the biker coming up alongside him as he changed lanes etc.