Charge him with aggravated assault with a deadly weapon, lock him away for the rest of his life, and pay out whatever he has to her for restitution.
It was not an accident.
This is the same problem an injured party faces when somebody slams them to the ground and puts their knee on their neck, and then later they die or something. It’s not what happened, it’s what you can prove in court.
On another forum people complain about stupid crap drivers do. (this is a never ending thread)
Assholes deliberately causing “accidents” ranks high on the list of shit people fucking hate. In Russia almost everybody has cameras because of this shit.
The vid is clear. You are not.
The video does not show why the “accident” happened. That’s the legal problem. If a bee flies in your window and you swerve, that’s not a crime. If somebody is illegally passing you and gets hit, it may not be a crime either.
Of course it might be intentional, but the video does not show that.
Shit like this is why we have courts.
And shit like this is why you should never pass illegally, for any reason.
What happened on that video was no accident.
Fuck that shit - the driver is not judge, jury and executioner.
Sometimes a driver actually is judge, jury and executioner.
I know this well, and I hate mankind.
Absolutely amazing conclusion to take away from this.
You never want to place yourself in harms way when driving.
Just assume everybody else might be crazy or evil.
It’s the only way to be sure.
The instructor in my MSF riding course often emphasized that one should ride as though every driver on the road might try to kill you. I guess I’m fortunate that no one in my vicinity ever deliberately attempted such a thing, though it was clear riding in CA that some drivers were not fond of lane-splitters.
That’s because every driver on the road actually can kill you. Usually by accident, but every now and then, they just lose it for some reason.
And then they kill your wife and kids. And then, this fucking complete asshole horror of the world never sees the inside of a jail cell, much less any civil damages.
Because that’s how the world works.
Just like there are places where DWB (Driving While Black) is still a “crime” there are places where the motorcycle is always going to have the majority of the fault in any incident. It happened to me ages ago (the driver admitted to trying to kill me and got a misdemeanor and community service) and it will happen again. It isn’t right and its getting better but you have to know that when you throw your leg over that seat you have become someones idea of a second-class citizen. And some of those someones have titles like “policeman” and “judge” around their names.
You are right, DOG but there is a grain of truth in what FX says. Bust a double yellow in a H2 or Navigator and chances are really slim that some dude is going to go all bumper-cars on you. But a bike vs some POS sedan? Some people from the lower end of the gene pool are just going to have to make it into a statement of “no matter how wrong I am you were worse”. And if you aren’t ready or react badly you are going to crash. Yes – cars violate minor traffic laws too but they can have fender benders; we don’t. Almost anything that goes wrong for us means calling a truck and/or an ambulance. So keeping it legal isn’t bad advice for bikers.
I hate to say this but — give it time. It will happen sooner or later. :mad:
The other good advice is assume you are invisible. Even if you have direct eye contact with the driver, assume he/she doesn’t see you. That one helps a lot as well.
What the video does show is an indignant old man stating that he doesn’t care about what he did. If he really did swerve because of a bee or whatever bullshit excuse he made up later, he would have shown concern for the riders and the lady crying the ditch.
Goddamn right. Even when legal, people still will kill you. It happens ALL THE FUCKING TIME.
The biker did make one critical mistake. As he’s coming up on the car, he’s in the extreme right of the lane, almost on the line, giving himself no time to react. It also looks like the car moved before the bike was along side.
It does look like the car’s move was deliberate. The swerve back to the lane was too controlled for someone who was distracted by a wasp sting and then unexpectedly hit a bike.
Side note: Who the hell thought a dead straight road of that length needed double yellows?
I don’t ride any longer, which is why I used the past tense. And yes, the invisibility comment also came up often.
I had drivers do stupid things around me all the time when I rode, but I don’t think I had anyone ever deliberately try to hurt me. I’ve had people ask me when I’m driving a car why I bother to move way over (assuming available space) when I’m going to be passed by a motorcycle, since they don’t require much room. For me, it’s about letting the rider know that I see him, which is information I always appreciated when I was riding.
I love these people who seem to think “you shouldn’t ride a motorcycle because it’s my right to drive like an asshole and I might kill you.”
the driver’s attitude and words after the fact make it very clear. it’s pretty tough to sell the idea that a bee just happened to fly into his car at the very same moment the guy on the bike was passing.
depending on the speed limit, it may not be long enough of a straight to make it a worthwhile passing zone.