cmon Tom really? have to disagree. in a car you are seat belted in and protected by a cage. at 15 mph you can die in a car crash without a seatbelt. so what do u think can happen on a motorcycle when you come over the crest of a hill and some nitwit is parked in the left lane and you slow down to maybe 30 or 40 mph maybe at best even if u have that much time? ur gonna DIE thats wat happens!
just as you wud if u were cruising down the highway in the center lane and switched lanes to get in the left lane (The PASSING lane) and struck her parked car. how exactly does someone exercise control and suddenly stop when ur doing 70-80 mph on ur motorcycle and switched lanes?
ur ASSuming this was some long texas highway with miles of visibility. highways in canada and here have lots of turns and elevation drops so saying that the operator of the bike shud have had presence of mind have been prepared for this encounter and that some jack-ass wud be stopped in the left lane to cuddle ducks across the road is absurd!
canada has essentially the same MV laws that we do but they are even more strict and the fines are far heavier and they seize cars routinely. they don't play!
and if u rounded that corner and that tree fell 50 feet in front of ur car do u think you wud have stopped in time? no u wud not hav cause u wud not hav had time to react. do u think u shud be ticketed for not reacting in time? ur confounded by reaction time vs. not even being able to react at all cause it was so sudden.
ppl often think that if u rear end someone no matter wat u will be found at fault. that is simply not true. the police do not cite fault. the police cite whether or not state statute has been violated or not. so yes the person striking the vehicle from behind is cited when the person in front of him has stopped for legitimate purposes but that all changes wen the person in front of you is now violating the law and creating an immediate hazard on the road and committing a crime!
that biker was not charged with any motor vehicle violation. the courts decides fault not the police. either by jury or judge. so fault is a combination of many factors including MV violations and criminal acts. her actions were criminal and created this hazard so therefore she is at fault here in the eyes of the court. the bike rider has not violated the following too close statute. there are factors that weigh heavier then his poor reaction time does.
That was my point made. The motorcycle, or car or whatever is supposed to be prepared to encounter these type unexpected things and have enough control and presence of mind to not run into a vehicle they find suddenly and unexpectedly stopped.
If I round a curve and there is a tree down across the road, it is my responsibility to be able to stop in time. I was rear ended in my car by another car because I had to make a sudden stop. She was ticketed, I was not.
Canada may not have the same laws in this regard.
