Should Babyebusa seek revenge?

[ks-waterbug]

Sometime back Babyebusa was run over by a car while traveling home on his Busa. The piece of trash that ran him over never stopped to render aid...............
Here's a quote from another post by Babyebusa asking for our input.
"Alright boy’s yesterday was vengeance and I got mine. The piece of trash that ran me over and left me for dead was sentenced to 10 consecutive days in jail, one year with no license, one year probation and $500 restitution because in Wichita court $500 is the max for restitution. Closure on this situation is a little better now. I'm still considering taking this matter to civil court but after all she's trash and there is nothing to seek but more vengeance in the matter. Let me hear some thoughts"...........
POST THEM HERE!
I say take her to the cleaners......Ks

 

[GeebMan]

I say F the beatch!!!!

 

[Mikey D]

Make sure it is legal revenge!

 

[vincent]

Take her for what you can get and then let the fun begin

 

[IG.]

Does not sound like the punishment fits the crime.

You could lose your life, you actually spent a month in the hospital... and she gets 10 days in jail! At least a few months would be OK.

Another display of our society being too tolerable to low life irresponsible people.

Glad for you that your life is back to normal, though I can only imagine psychological consequences.

 

[justintime2]

You should definitely pursue civil litigation to recoup your pain and suffering. It sounds pretty lame what they gave the driver for criminal responsibility but you can recoup some civily.

 

[busabrother]

What you should do is sue civally, by the way you describe her she sounds broke as poop. But you can put a lien against all her poop, and say if she wins the lotto or something crazy you get a piece if not all of it. Trust me its worth it. 5-10 years down the road your injuries will screw with you. My best friends wife was hit by a driver with nbo insurance. Now months later she finds out she has sciatica. For thos e who dont know its a lifelong debilatating shooting pain thru your neck, back and legs. She is 32 years old!!

 

[WWJD]

I see nothing positive adding to his life from furthering this event, only stretching the negativity longer. It's like saying if you could hurt her back, it would make YOU feel better? Why would hurting ANYONE ever make you feel better? It's past, move on, look to tomorrow's next big adventure.

I agree the punishment never fits the crime, but I leave it to the system to do whatever, so I don't have to.

ALL people [including me] generally can suck, but I choose not to ram their suckyness down their throat. Just accept they suck and feel sorry for them, and move on.

That and you will loose UNRECOVERABLE time from your life. It's YOUR CHOICE to loose that, not a requirement, at this point.

my .25179 cents

 

[stkr00]

Babyebusa should seek some form of legal revenge, although the other form sometimes gives you more personal satisfaction.

I'm not sure if the following links to the AMA will help, but I know every month they have articles about this very situation. The AMA works hard to protect riders' right, and I think they could at least give him some advice on the best direction to take.

Babyebusa - Good luck with your quest!

AMA Home Page

AMA Contact Page - Look in "Communications" and "Gov't Relations" sections

Hope this helps to get you started.

Jim

 

[stkr00]

Here's some more relevent info that's on the AMA site.

Motorcyclist's Matter

Program Outline - Has some contact info also

Examples of blatant judicial disregard for motorist right-of-way violations of motorcyclists should be mailed to the AMA, attn: Right-Of-Way, 13515 Yarmouth Dr., Pickerington, OH 43147. Based upon review, the AMA in turn will provide comment to the respective court/prosecutor and will apprise local AMA members of the situation.[/QUOTE]

Just trying to give you some options.

Jim

 

[hooken203]

This guy gets run over and spends a month in the hospital. Ten days in jail and $500 is all the person that caused this has to suffer and thats OK? You need to come in out of the cold there WWJD.
People like that dont deserve a break like that. Thats what makes them the worthless pieces of __ that they are.
A mistake that this person made OK maybe. But now its time to pay up.
Take all you can get and then some Babyebusa.

 

[busabrother]

ALso consider this WWJD. If chris' wife/gfriend? didnt get a plate number. That person would not have suffered anything, if you consider 10 days in jail and $500 suffering. I consider that a slap on the wrist. If she hit a kid and ran and was caught it would have been much worse.

 

[stkr00]

I must have been posting when WWJD posted the above.

WWJD - I respectfully disagree, and here's why:

If the driver didn't care enough to avoid the motorcycle, then what will it take to change her outlook? Ten days in jail and $500 fine? Probably not. The 1 year w/o a license is a start, but do you honestly think that she is going to go a whole year without driving? People get busted all the time for driving under suspension.

I see nothing positive adding to his life from furthering this event, only stretching the negativity longer.[/QUOTE]

Do you think his or his wife's memory of that day and the following recovery period will ever deminish? It will not. And I say this from experience. 20 years ago, when I was 18, a 16 year old turned left in front of me. Long story short - Impact, Airborne, Landing, and Hospital. I got $3000 out of it which was good, but I can remember evry detail of that night, and the recovery that followed. BTW, without a full-face helmet, I'd be dead. To this day I still love riding, but cringe every time I come to an intersection with left turners. That whole night replays in my head every single time, but I still ride. That is the definition of "Mental Anguish" and it will be there forever.

He needs to do whatever will give him peace with this. If that is to "Turn the other cheek", then that is his choice.

Not trying to offend you, but merely justify my point of view.



Everybody ride safe,
Jim

 

[stkr00]

One more point and then I'm done for now.

Make sure that any damages that are awarded are "punitive", and not "actual". From what I understand, and that may not be much, "punitive" damages cannot be included in bankruptcy filings, where "actual" damages can be. This way, if they're punitive, then no matter what she does, she will always be responsible for the damages.

I'm done now.

Jim

 

[The Oracle]

Make sure it is legal revenge!

why?

 

[†WÃ￾§†ëD]

KS, can one be tried twice for the same crime under the double jeopardy rule? I remember hearing something like that with OJ? something to the effect if he had been convicted, the victims family wouldnt have been able to sue him in civil court... I dunno, but heres some info on the subject double jeopardy?

 

[RaiderDm]

I see nothing positive adding to his life from furthering this event, only stretching the negativity longer.  It's like saying if you could hurt her back, it would make YOU feel better?  Why would hurting ANYONE ever make you feel better?  It's past, move on, look to tomorrow's next big adventure.

WWJD ain't you ever heard of S&M???

 

[RaiderDm]

KS, can one be tried twice for the same crime under the double jeopardy rule? I remember hearing something like that with OJ? something to the effect if he had been convicted, the victims family wouldnt have been able to sue him in civil court... I dunno, but heres some info on the subject double jeopardy?

Double Jeopardy applies to being tried twice Criminally for the same crime. You can be sued (civil trial) whether you are convicted or not. Being convicted actually helps with your civil trial.

 

[FLCN72]

I appreciate WWJD's point of view on this matter. It is noble and seem intended to help the victim in this case move on from a terrible point in the past. Dwelling on it will tend to cause the bad feelings to continue. In general it is best on personal and societal issues to avoid prolonging negativity where possible.

That said, the punishment in this case does not fit the crime. A $500 fine does not seem to be in keeping with the seriousness of the offense. I have no idea of the charges brought against her, but I'd imagine reckless driving, reckless endangerment, and felony hit and run were possible.

Perhaps a pain and suffering lawsuit could be brought to bear, but it seems unlikely that there would be any monetary gain. Even if he won, would he ever get paid? Or if her future wages were garnished to make payment, what effect might that have on the future of people close to her but innocent of the crime (children as an example)? As unfair as it sounds, pursuing any further legal action would probably be pointless.

My $0.02

 

[stkr00]

Raider, are you currently attending law school, or do you just have a need to know the law in detail .

Good link. I threw it in my bookmarks just in case "I" ever need it.