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Guilty or not
- Thread starter PaceMaster
- Start date
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BT will probably correct me on this, but....
Typically, the operator of a motor vehicle is responsible for maintaining control over his/her vehicle at all times. If the operator failed to maintain control, and due to his/her actions, caused the ensuing wreck, then the operator should be liable for damages incurred during the wreck.
However, not just to take the biker's side, I can question their actions also.
The motorcyclist (rider) was addmittedly speeding in the above post, so I can see how the rider holds some responsibility in the events. Was the rider using a safe following distance? Did the rider signal the intended lane change? Were the possible reactions of the vehicle operators evaluated? Were the actions of the rider influenced at all by the available performance of their bike? Would the rider have performed the same lane change had he/she been in their personal four wheel vehicle?
The rider, and all of us for that matter, should always use the MSF Rider Course information while riding. The acronym, SIPDE, works wonders for preventing accidents. I don't remember the list verbatum, but here goes. It's been since 1998 so give me a break.
<ul>S - Scan for potential hazards.[/list]
<ul>I - Identify potential risks of hazards.[/list]
<ul>P - Predict what might happen as the hazards become closer.[/list]
<ul>D - Decide what action to take if the hazard becomes real.[/list]
<ul>E - Execute the planned actions.[/list]
I can picture the scenario as you typed it, and it appears to me that the rider made a quick decision to change lanes which, although within the rider's abilities, startled the car driver, and caused them to use poor jugement in their actions. Had the motorcyclist used some preplanning, they could have thought of an alternative way to clear the traffic, such as dropping back a bit, flashing a high beam (quickly), and waiting for the drivers to clear a path.
I don't know how the law would handle this, but if there were witnesses, then I could only assume that the rider could be charged with wreckless driving, wreckless endangerment, or contributing to the cause of an accident.
FWIW...That's my .02
I probably have been know to ride the same way, although I have never been so close as to cause an operator to swerve or brake. The headlight works wonders if used in moderation and with some restraint.
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Typically, the operator of a motor vehicle is responsible for maintaining control over his/her vehicle at all times. If the operator failed to maintain control, and due to his/her actions, caused the ensuing wreck, then the operator should be liable for damages incurred during the wreck.
However, not just to take the biker's side, I can question their actions also.
The motorcyclist (rider) was addmittedly speeding in the above post, so I can see how the rider holds some responsibility in the events. Was the rider using a safe following distance? Did the rider signal the intended lane change? Were the possible reactions of the vehicle operators evaluated? Were the actions of the rider influenced at all by the available performance of their bike? Would the rider have performed the same lane change had he/she been in their personal four wheel vehicle?
The rider, and all of us for that matter, should always use the MSF Rider Course information while riding. The acronym, SIPDE, works wonders for preventing accidents. I don't remember the list verbatum, but here goes. It's been since 1998 so give me a break.
<ul>S - Scan for potential hazards.[/list]
<ul>I - Identify potential risks of hazards.[/list]
<ul>P - Predict what might happen as the hazards become closer.[/list]
<ul>D - Decide what action to take if the hazard becomes real.[/list]
<ul>E - Execute the planned actions.[/list]
I can picture the scenario as you typed it, and it appears to me that the rider made a quick decision to change lanes which, although within the rider's abilities, startled the car driver, and caused them to use poor jugement in their actions. Had the motorcyclist used some preplanning, they could have thought of an alternative way to clear the traffic, such as dropping back a bit, flashing a high beam (quickly), and waiting for the drivers to clear a path.
I don't know how the law would handle this, but if there were witnesses, then I could only assume that the rider could be charged with wreckless driving, wreckless endangerment, or contributing to the cause of an accident.
FWIW...That's my .02
I probably have been know to ride the same way, although I have never been so close as to cause an operator to swerve or brake. The headlight works wonders if used in moderation and with some restraint.
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I would tend to say you are guilty as fugg.Ok here goes..two lanes going down the mountain..fast lane ,slow lane....car is going about 60 in the fast lane...and a car is going 60 in the slow lane..with a nice gap between them..so i slash though...fast lane to slow lane and back to fast lane.
Car in slow lane freaks out and thinks they are going to get rear ended and goes almost off the road or almost loses it....didn't lose it....could'a been ugly......The bike was doing about 80...
Mainly due to the way you tried to displace the blame in your first post, and then came out with the truth in the second one.
BT / Stunnah.......Get 'em
NOT THE BIKES FAULT EVER!!!! IF a Cager is so damned STUPID that he/she freakin runs off a cliff? Not your problem. Hell they DON'T LOOK OUT FOR US WHEN TURNING LEFT! FUG EM ALL!!!
No I am not kidding. A Bus driver takes a busload of Nuns off a 1000' cliff because you "SPOOK" him on a canyon road? Not your fault.
Ultimately a person on the road is responsible for their own safety. Hell it's what the courts are teaching! Some lady kills a guy on a Harley, runs him right over while yapping on her cell. SHe gets probation and some community service... So there is no way that making a cage swerve is a crime.
NOW, making the LEO swerve?
That's sport!!!
No I am not kidding. A Bus driver takes a busload of Nuns off a 1000' cliff because you "SPOOK" him on a canyon road? Not your fault.
Ultimately a person on the road is responsible for their own safety. Hell it's what the courts are teaching! Some lady kills a guy on a Harley, runs him right over while yapping on her cell. SHe gets probation and some community service... So there is no way that making a cage swerve is a crime.
NOW, making the LEO swerve?
dunno about that one...good question.
Thanks for the responces...Slow down and be more considerate...Talking to self..
