Biker hit

[mralex714]

I not a lawyer or anything but this looks like an assault to me or maybe attempted murder.

 

http://lanesplitter.jalopnik.com/driver-who-swerved-to-hit-a-motorcycle-i-dont-care-1737184460?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+jalopnik%2Ffull+%28Jalopnik%29&ref=yfp

[Great White]

deleted by op

Edited October 18, 2015 by Great White

[Marcarl]

I can fully understand the desire to be ahead of the line, to enjoy the road and country without having a cage in front of me that I have to pay attention to. As I watched the video I could see a reason to move on, to the 'open' road, but hey,,, wait a minute,,, there is a double line,,,, and we are traveling fast enough to satisfy the speed limit already,,, I do have a (hopefully) precious person on the back,,,, I do have to pass 2 cars,,,,,,,,,,,,,,,,,,,,, ah YES!!!! but I do have a fast machine,,, and why have a fast machine if you can't demonstrate occasionally,,,,, LET'S GO!!!!!!.

 

Cager: (looking in his mirror at the upcoming bike and going where he is looking) Look at that idiot,,, all that noise,,, who does he think that he is,,,, double line here and he wants to pass????? I going plenty fast for the speed limit,,,, oh shiit he hit me????

 

 

Yeh, lots of possible scenarios.

 

All depends,,,,, and that he don't care,,, well, that's his prerogative,,, maybe he's had enough of those 'bikers'. He's entitled to his opinion, but he did stop.

 

Maye take a lesson from this and ride to be respected and not to be abhorred.

[Yammer Dan]

Respect is a two way street.

[BlueSky]

Intentionally hitting a motorcycle rider like that is attempted murder and should be prosecuted as such. I hope the guy rests in jail for a considerable period. If something like that happened to me, I might live to regret carrying a weapon.

[cowpuc]

I voted crime from the perspective of at least giving the cager a chance to clarify in a court of law his clear statement of "I dont care" when told that he hit the folks on the bike - guy deserves a chance to explain himself before some very upset Dad of the kid on the back of the bike goes and puts the boots to him. I really dont see attempted murder here though (I think if he were actually planning to kill the guy and girl he would have been ticked that he missed his target), more along the line of willful negligent attempted manslaughter thru an act of road rage or at a very minimum Reckless Driving.

To me, him stating that he didnt care could possibly be an indicator that he REALLY did not care about the human life's that he just about took. IMHO, it doesnt matter how upset he may have been about past experiences with other bikers, whether or not he was upset cause the biker crossed the double yellow or whether or not he was having some form of a bad day (all indicators of road rage IMHO), fact is, if he really truly did not care that he just hit someone he has no business being on the road - much less in possession of a potential weapon of mass destruction like a car - until the court system finds out what his mental status is..

All that said,, I am thinking there has got to be A LOT more to this story. I have a hard time understanding the "no citations" were issued comment and that the driver of the Cage wasn't placed under arrest until it was investigated further (if he would have went on after this accident and actually killed someone thru his negligence it seems like the responding Police Officials would have blood on their own hands)..

No idea if any of you varmints remember this but a few years ago a young man over in Fon du Lac Wisconsin intentionally crossed the center line into an oncoming group of 10 bikers from Michigan.. Hit em like he was bowling for bikers, killed 4 if memory serves. One of my neighbors was involved in that nasty mess (thankfully he was riding toward the rear of the pac and lived to tell about it). The kid admitted he was out to hit bikers and hated em, ended up serving time but didnt get sent up for "murder". Vehicular Manslaughter I believe..

Edited October 19, 2015 by cowpuc

[BlueSky]

That video is on Foxnews today. I suspect the car driver is in deep doodoo as he should be. The biker was speeding and passing on a yellow line. But hey, give him the finger or blow your horn to show disapproval, not ram his motorcycle with the possibility of killing the riders. He is a hateful, intolerant, narrow minded old guy who did a terrible thing.

 

Many car drivers have been shot and killed by the police when they rammed a police car.

[Larry1963]

I would of liked to hear more of that video with the driver of the cage. I mean it could be just a swerve for what ever reason, we have all done it, and the bike happen to be there.

The fact that he stopped tells me he wasn't trying to hit the bike, the fact that he comes out of the car and says I do not care makes me think maybe he did.

 

Another question is who got the ticket,

 

let the law enforcement look at it, and see, give to a lawyer and see if there is a chance of a law suit for this.

 

I live in the country of South GA a lot of nice unpopulated roads, but a lot of drivers not paying attention too.

[Larry1963]

I did not vote because with the information available I cannot tell if it was intentional, add I am not sure button

[Pegasus1300]

here are two more articles on this event. If you scroll down further on the first the entire video is there.

 

http://lanesplitter.jalopnik.com/dri...%28Jalopnik%29

 

http://www.dailymail.co.uk/news/arti...motorbike.html

[Great White]

I deleted this at first because it a fairly hot topic, but will say it now: If the guy hit them intentionally, he's going to be up on charges.

 

But the bike shouldn't have been there in the first place either.

 

If it does play out in the way it looks in the video, all we are seeing is the meeting of two @ssholes and the inevitable consequences of that type of mix.

 

The only one I feel sorry for is the poor passenger on the bike who had the decision made for her by the @sshole piloting the bike.

 

Wanna talk about manslaughter? The guy piloting the bike should also be charged with it.....the passengers injuries are a direct result of his illegal, careless and negligent actions.

 

Much like the captain or a ship or aircraft, the pilot of the bike is also responsible for the welfare of his passenger. More bikers should remember that....

[Yammer Dan]

I deleted this at first because it a fairly hot topic, but will say it now: If the guy hit them intentionally, he's going to be up on charges.

 

But the bike shouldn't have been there in the first place either.

 

If it does play out in the way it looks in the video, all we are seeing is the meeting of two @ssholes and the inevitable consequences of that type of mix.

 

The only one I feel sorry for is the poor passenger on the bike who had the decision made for her by the @sshole piloting the bike.

 

Wanna talk about manslaughter? The guy piloting the bike should also be charged with it.....the passengers injuries are a direct result of his illegal, careless and negligent actions.

 

Much like the captain or a ship or aircraft, the pilot of the bike is also responsible for the welfare of his passenger. More bikers should remember that....

 

 

Well Said.:backinmyday:

[BlueSky]

So you guys never pass on a yellow line or speed when passing?

[Flyinfool]

I can honestly say I have never passed on a yellow line. I have never passed more than one vehicle at a time. I do often "slightly" exceed the speed limit during the pass, in the interest of a quick pass for safety reasons of course.

[VerntureVet]

Didn't we just have a little talk about 2 wrongs don't make a right when I posted about IDIOT drivers? I took a lot away from that thread about keeping my cool. Someone almost killing me don't give me the right to run them down and woop there azz. In the same respect Getting passed by someone in a double yellow zone don't give him the right to cause harm to them. Listen real good to the audio the 1st thing the old dude says is he shouldn't be passing in a double yellow. Only after he was told there was a video he starts claiming he got stung by a wasp. Far be it for me to Judge or make a comment of my opinion. It's in the hands of the courts now. The issue is more who is liable as the incident happened while the bike rider was preforming an illegal pass. HOWEVER if the car driver is judged to have done it intentionally he is ripe for a civil suite @ the least. Here is an example that happened to a good friend of mine.

 

My friend Jason ran a red light and was T-Boned by a car that was in the right of way. By all means Jason was @ fault and was sited. His insurance was the one that had to settle the claim. Another driver behind the car that hit Jason happened to have a dash cam and the video was turned over to the police and became part of evidence to the accident. Out of curiosity Jason obtained a copy of the video almost a month after the accident and the claims had been settled. You can clearly see in the video the other driver started to move when the light turned green. Noticing Jason's car was not going to stop he braked jolting to a stop. Now who knows what was going threw the other drivers head but he then gunned it even breaking traction on his tires and hit Jason. J took the video to a lawyer and after viewing it they took it to a civil court trial. The civil trial ruled malicious intent on the part of the other driver and awarded J damages enough to cover his insurance rate jack, personal damages, and the cost of damages to his car that got awarded to the insurance company.

 

Because it was a civil matter the other guy never paid and the court only said you can sue him for non payment or maybe a garnishment @ his own cost.

 

Point is we live in a messed up time and even in this case unless someone got killed no one is going to jail most likely and even if a civil trial awards them something don't mean someone is going to pay. After all no one got the video of the wasp stinging the old man so its his word Vs the camera.

[venturesome]

Anybody notice that the motorcycle with the camera was also across the double yellow line at the time of the accident? He was also passing a car. Maybe the motorcycle that got hit looked into his rear view mirrors and saw the "camera man" closing in fast and was distracted and unable to take evasive action. Perhaps the fact that the victim did not have a license had some bearing on the accident. The only totally innocent victim here is the girl passenger.

 

I don't pass on a yellow line right of center line. I never pass a cager that is doing the speed limit on a two lane road. I always expect the cager to try to kill me!

 

I'm 70 years old. Go figure!

[cowpuc]

So you guys never pass on a yellow line or speed when passing?

 

Ok,, I admit it,, I have done both,, but usually under extreme circumstances of getting mighty tired of of following people on Harley's or geezers on 2nd Gen's

 

It will be interesting to watch this all unfold and see if it ever gets in front of a jury.. If a Prosecuting Attorney looks at the evidence and see's some kind of flagrant intent to hurt someone and a jury see's it too, the guy could spend time over it.. Guy sure better hope that jury dont consist of a bunch of VR members,, it's 15 to 0 that there was a crime committed

[VerntureVet]

So you guys never pass on a yellow line or speed when passing?

 

Whats the point if you are traveling 30 miles and the speed limit is 65mph. Driving +10 @ 75mph saves you all of about 3.5 minutes. that can be canceled out by just hitting 1 stop light. it works the other way also 55 in a 65 you only loose a few minutes. I travel the interstate a lot from Toledo to Bowling Green and I get passed a lot by rockets and cars with cruise set 2 the speed limit. I can't count the # of times I get passes by someone and pull up 1-2 cars behind them @ the stop light on the exit 10 miles after I got passed. Or better yet seeing them up the road getting a ticket. Not worth a few minutes IMO.

 

Do I play on my bike? Sure I do but its always on a back road in the country with no lines or signs.

[Flyinfool]

There are places where driving the speed limit is close to commuting suicide. In Chicago, traffic flows is at 20 over. If you go the speed limit there you will be followed at a distance of 3 inches in front of your back bumper.

[BigLenny]

Statisitics consistently show over 70% of motorcycle accidents are rider error. This is a very clear visual of what happens when a rider makes an error and allows himself to become impatient and puts himself in a situation where something bad could happen. He made another error to break the law and pass tow cars ON A DOUBLE YELLOW line and guess what? Something bad happened. By allowing himself to break one of the cardinal rules of riding a motorcycle, which is to excersize patience at all times, he made a mental error which put him in a situation where he would cross paths with a man who probably doesn't like motorcycles and surely doesn't like people breaking the law and passing him on a double yellow. That man then more than likely broke the law by assaulting the rider and his innocent passenger. This could've all been avoided if the rider would've followed one of the critical rules of riding a motorcycle: Patience Patience Patience.

[gez]

Now days, at 64 years old, when I'm on a motorcycle I'm not in a hurry to go anywhere. Back in the 80's, I was in a hurry to go everywhere. Got stopped more times than I could count in triple digits. I'm not sure if it was luck or skill that got me out of situations I put myself in. Most likely a combination of both.

[Great White]

... Perhaps the fact that the victim did not have a license had some bearing on the accident. The only totally innocent victim here is the girl passenger...

 

I must have missed where they said he had no license?

 

 

If so, not only should the guy not have been on the other side of the double yellow, heshouldn't have been on the road at all.

 

Looking worse and worse for the biker the more that comes out.....doesn't excuse the car drivers actions, but it wouldn't have happened at all if the guy wasn't illegally operating a motorcycle.

 

If it's true that he wasn't licensed that is......

[BlueSky]

Good News!

The hateful POS cage driver has been arrested and charged with two counts of aggravated assault with a deadly weapon. If convicted the punishment is 2 - 20 years for each count.

[Huggy]

Well I don't know what the road rules are in the US as far as crossing on a double solid line are BUT a neighbor who is a judge who deals with these types of accidents in Ontario told me that a double solid line in Ontario is just a cautionary warning that you should not pass on a double solid line, it is not an offense to pass on a double solid line. In cases where vehicles have been involved in similar incidents in Ontario the driver who was doing the passing on a double was not charged when the car that was in the proper lane hit them. In fact the driver in the right lane would be charged for not yielding right of way. At least that's how that judge rules on these cases.

[Great White]

Well I don't know what the road rules are in the US as far as crossing on a double solid line are BUT a neighbor who is a judge who deals with these types of accidents in Ontario told me that a double solid line in Ontario is just a cautionary warning that you should not pass on a double solid line, it is not an offense to pass on a double solid line. In cases where vehicles have been involved in similar incidents in Ontario the driver who was doing the passing on a double was not charged when the car that was in the proper lane hit them. In fact the driver in the right lane would be charged for not yielding right of way. At least that's how that judge rules on these cases.

 

Different by province in Canada. From the NS drivers handbook:

 

Pavement Markings

Pavement markings work with road signs and traffic signal lights to give you important information about the direction of traffic and where you may and may not travel. Pavement markings divide traffic lanes, show turning lanes, mark pedestrian crossings, indicate obstacles, and tell you when it is not safe to pass.

Rules about solid and broken lines

Yellow lines separate travel lanes moving in opposite directions. White lines separate travel lanes moving in the same direction. A yellow dotted or broken line is used as the centre line on a two-lane, two-way road where passing with care is permitted in both directions. When the centre line consists of continuous double solid yellow lines, you cannot cross them to pass in either direction. On a two-lane road, passing with care is permitted if the broken yellow line is on your side of the centreline markings. Single solid white lines are used as right-edge lines along the roadway and for guiding traffic travelling in the same direction. Single solid yellow lines are used as left-edge lines on divided highways. If you see the reverse, you are travelling in the wrong direction. A single solid yellow line marking the centre of a highway permits passing in either direction when traffic, sight distance, and other conditions are ideal.

 

I would suspect traffic laws are State mandated in the US like they are in Canada by the Provinces.

 

But, who knows?