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Blame if someone is kiled/injured watching at a bike meet?

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Ste
Not Work Safe



Joined: 01 Sep 2002
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PostPosted: 23:58 - 24 Aug 2004    Post subject: Reply with quote

Born2bVile wrote:
If I choose to sit somewhere and watch the world go by, am I to blame if part of it hits me?

It depends. Wouldn't say that if you choose to go and sit somewhere in London and you get robbed it was your own fault, even though everyone knows that city centres are higher risk of being robbed, but if you were sitting somewhere with a laptop out, a flashy mobile phone and other such un-necessary things you're still not to blame in anyway for having them nicked, but it is in a way as it is fairly daft to display items which are desirable to thieves. Just like how she choose to watch something in a higher risk place when she could have done so from a lower risk place, so in a way it is partially her own fault, as if you stand where the bike is likely to slide in the event of a crash when people are doing things which are more likely to result in a crash than normal riding then if a crash happens and a bike hits you then it's not as though it came out of the blue at you.

Really all just comes down to the fact she choose to be there out of her own free will and was aware of what was happening there and would have been aware of the risks of it, so in a way she is partially to blame.

Believe it is quite likely her family have asked the question "but why did she stand there?" which is asking the question why did she go there when there were lower risk places available.
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Kickstart
The Oracle



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PostPosted: 00:37 - 25 Aug 2004    Post subject: Reply with quote

Shade_BW wrote:
Who says this woman knew it would be dangerous, or that she knew where the bike would go?


If you go to Bassets then you would realise it is VERY obvious that should anything go wrong you are going to get hit by the aftermath of the accident.

Shade_BW wrote:
There is no way to say that this woman knew she was watching someone who didn't know what they were doing. Chances are she assumed, because there was no warnigs to indicate otherwise, that these were professionals, or at least competent at what they were doing.


Not a hope. It is again very obvious that these are not professionals, and she would have needed to have been very stupid to assume that someone doing knee down just a couple of feet (literally) away from a crowd on a public road on a tatty old CBR1000 was a professional.

Claud 14.7 to 1 wrote:
Had he been riding with due care and attention, as he should, he would not have injured/killed anyone. He should have been riding safely, noticed the hazard of the people in the road, and avoided them.


Not really true. The place she was standing would be where any vehicle would likely land up in the event of an accident. Whether they landed there because of doing stunts or because someone dropped diesel on the road the out of control vehicle would still head in the direction of the crowd.

tgabber wrote:
Thus if the crowds in this incident meant there was no runoff if things went wrong, then it is the rider's responsibility to take this into account and adjust their riding limits accordingly.


And as it was obviously not a professional you would be mad to put yourself in a position of obvious danger.

If you saw someone displaying sword craft in the town centre would you assume that it was safe to stand next to them cheering them on, or would you keep your distance, or would you call the police?

Born2bVile wrote:
If he hadn't been riding like a twat, this would have been a safe place.


Not true. It is a busy bend coming off a roundabout with plenty of lorries around to dump diesel on the ground. It is not a safe place to stand. The hard shoulder on the M1 is probably safer.

Born2bVile wrote:
She did not cause the accident. The twattish rider did. The accident would still have happened if she hadn't been there.


And her actions (along with others) standing there and spectating encouraged the rider to behave twatishly, causing the crash and death.

Born2bVile wrote:
Now consider your 2 previous statement here Ste. She was stood on the pavement of a public road. She was not taking any active part in the twattish riding. She was a spectator.


Spectating in this way is encouraging the rider and thus she is an active participant.

Born2bVile wrote:
If I choose to sit somewhere and watch the world go by, am I to blame if part of it hits me?


If you choose to put yourself in obvious danger then yes you are partly to blame.

All the best

Keith
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Shaun
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Joined: 17 May 2003
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PostPosted: 07:30 - 25 Aug 2004    Post subject: Reply with quote

McJamweasel wrote:
Didn't he have a blow out?


No, he just lost it, probably hit one of the ten or so pot holes that are on that corner, either that or strayed too far on to the white lines the he seemed to like travelling across as he got his knee down.
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tater
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PostPosted: 09:46 - 25 Aug 2004    Post subject: Reply with quote

kickstart and ste have made some good points, we seem to be in a world that everyone else has to look after your safety!!, people seem to suffer from lack of common sense, ive stood on that corner first time i went up there and quickly changed were i stud as its obivous what will happen if ANY vehicle looses control on that corner.

I have also had my only accident up there when i use to ride on the road i was coming the opposite way upto the island at 60mph braked to slow down front wheel instantly locked and bike dropped luckly i stayed on my side of the road and the bike just went down the curb, i take it as it must of been diesel with how the bike just went down straight away, so you have to take care were ever you are as something could happen yes the guy was stupid and ended up causing a death, but people need to understand near any road or display there is danger
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dainesefreak
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PostPosted: 11:07 - 25 Aug 2004    Post subject: Reply with quote

I am not going to comment either way really as I know of the rider from another forum/local group.

Bassetts Pole is local to me, I know the area and meet very well like some others here who have commented. I would just like to point out some things about the meet.

Bassetts Pole is actually a fairly large island on the A38 which is an NSL dual carriageway. There is a pub and McDonalds on a site situated just off the island, it's not a residential area.

The McDonalds used to be a pub/restaurant where a group/club of bikers used to meet regularly. They used to have flyers up on the wall as to how much money these bikers had raised for childrens charities. I believe the meet as it is now, developed from this and from the heavy policing of the Waterman pub in Warwick.

Tuesday night is "Pole night".

Even lads I work with who don't ride and have never ridden know about the meet at the Pole and know how heavy with bikes the area is on a Tuesday night.

99.9% of the country would have to make an effort to get there on or in some form of powered transport.

In my opinion you would not want to be there on a Tuesday night if you weren't a biker or interested in the meet. Basically I wouldn't go to the pub for a meal that night, in fact as a biker I can't be bothered trying to get in and out most of the time.

The front of the pub and garden are the opposite side to the road/island.

The McDonalds is even further back from the road on the opposite side of a car park.

Regulars perform the same stunts there at the same place every week.

The is very minimal police presence, in fact the area borders two counties and policing the area is a bit of a moot point.

Perhaps some of this does seem slightly biased reading back through it.

I will say that I don't agree with stunting on public roads, but it all comes down to what you percieve to be stunting and the responsiblility you take for you own actions on both sides of the incident.
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Grubby
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PostPosted: 12:17 - 25 Aug 2004    Post subject: Reply with quote

This is an unfortunate incident BUTit's nothing new.
The Lord Derby had an incident just like this a couple of years ago, no one was killed but there was a serious injury as I recall, also people fall off outside the Ace on a regular basis, check out Bendy's video for evidence of this!
People will always go & stand right on the road when there are others stunting, it's human nature to want the best view & sometimes people go too far, get too close & accidents do happen.
I recall going to an early Bulldog bash & there were guys doing wheelies & where they were doing them was just lines of people, no barriers at all just two rows of humanity about 5 feet apart. You could touch the guys wheelying past you were stood that close to them. If someone had been injured, I'd have said that it was mainly their fault for standing in the line of fire in the first place.
Now I don't know where this lady was standing, BUT what was she doing there in the first place......that's right, she was there to watch people do illegal things on motorcycles & in that respect she cannot be villified as she is partly the reason why the motorcyclist was getting his knee down in the first place....for her aswell as his adrenaline fix.
I'm sorry if I've offended anyone with what I've written but I believe that if you think that people should be fined & banned for riding like twats, then don't go & watch them do so as it only encourages them to ride even harder & in this case beyond their limits. End of Cool
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TheBoyChris
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PostPosted: 12:29 - 25 Aug 2004    Post subject: Reply with quote

I'm sorry but peer pressure, cheering and all the rest of it is no excuse. When you step up to please the crowd at an unofficial bike meet, and then you proceed to knowingly break the law then you are at fault.

Why do you think we have laws like this in the first place? He was getting his knee down and (by all accounts) performing manouvers that should have been kept for the racetrack. Had the police been there they would have stopped him immediately. How can you say someone "should have known better"?

She was on the pavement. He was on the road. He crossed into her area and as a result she died. He was performing manouvers that carry higher risks than the law dictates is acceptable on public roads. He lost control and killed someone.

Sorry, but what the hell else should "death by dangerous driving" mean?
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Bendy
Mrs Sensible



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PostPosted: 12:45 - 25 Aug 2004    Post subject: Reply with quote

I don't think anyone's arguing that he shouldn't be prosecuted in the manner that he is, merely debating the that morally, she was not entirely innocent.

If you go to watch racing, your ticket warns you that motorsport is dangerous and you are at risk as a spectator. You're brought up to know that the pavement is not a completely safe place to be when there are fast moving vehicles mere feet away. Unless she was spectacularly stupid, she knew there was a risk in standing there. Her choice to take the risk.

Just like I took a risk standing filming people doing stunts at the Ace Cafe - I could have walked away and stood back somewhere safer but I didn't. My choice.

Legally she is blame free. Morally, she is not.
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zaknafien




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PostPosted: 12:47 - 25 Aug 2004    Post subject: Reply with quote

Totally agree with bendy. Thumbs Up
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Big Pete
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PostPosted: 16:51 - 25 Aug 2004    Post subject: Reply with quote

why is getting your knee down considered such a hienous crime? given that on a modern sportsbike you can grind a slider with the bike about 15 degrees off the vertical, its not exactly pushing the boundaries is it? If the guy had just rolled off the edge of his tyres and lost it (no knee down) would that have been seen as just an unfortunate accident?
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NickD
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PostPosted: 16:56 - 25 Aug 2004    Post subject: Reply with quote

Either getting you knee down, or getting anywhere near the edge of a tyre in a built up area is asking for trouble.
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Jimmy
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PostPosted: 17:08 - 25 Aug 2004    Post subject: Reply with quote

I would say:

If rider was riding safe and viewer was on the pavement etc = nobody's fault

If rider was riding safe and viewer was on the road etc = viewers fault

If rider was riding dangerously and viewer was on the pavement etc = riders fault

If rider was riding dangerously and viewer was on the road etc = split fault

Obviously in reality it's never as clean cut.
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Big Pete
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PostPosted: 17:14 - 25 Aug 2004    Post subject: Reply with quote

Nkd666 wrote:
Either getting you knee down, or getting anywhere near the edge of a tyre in a built up area is asking for trouble.


whats wrong with grinding a slider at 20 mph, minimal lean required, plenty of grip, less risk than riding normally in the wet. Also, is it better to go into a corner too fast (accidentally) and lose it completely by running wide (and off the road/through the hedge), or put your knee down or lean to the edge of the tyre) and make it around the corner?
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tgabber
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PostPosted: 17:16 - 25 Aug 2004    Post subject: Reply with quote

If any moral blame at all is going to be attached to the woman, then that same amount of blame has to be attached equally to every other spectator and participant who didn't acknowledge that what was going on was stupidly dangerous.

I do think that some people just seem oblivious to high risk until something tragic like this happens. I will always support freedom of choice and action as long as it is an informed choice. Go stunt and watch stunts if you want. But do it in the full knowledge of what can happen if things go wrong.
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NickD
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PostPosted: 17:20 - 25 Aug 2004    Post subject: Reply with quote

And the likelyhood that this guy was 'scraping a slider at 20 mph' to reduce lean angle/ maximise grip is......?
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Big Pete
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PostPosted: 17:32 - 25 Aug 2004    Post subject: Reply with quote

I`m not really bothered about this particular instance, the tone of many of the posts has been that touching your knee down is akin to child molesting, and I was trying to discover why, as it doesnt mean that high speeds or any particularly risky maneuvers are involved, and it can be benificial if you have inadvertantly overcooked it into a bend.
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NickD
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PostPosted: 17:35 - 25 Aug 2004    Post subject: Reply with quote

My mistake. my comments were in relation to this particular incedent.
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Shade_BW
I'm better than you



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PostPosted: 19:05 - 25 Aug 2004    Post subject: Reply with quote

Ste, I'm having a hard time not marking all your posts as redundant, as you are saying the same bloody thing over and over again.

I've yet to start on page two, so temptation may grow too much.

Shade
Bored now.
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Kickstart
The Oracle



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PostPosted: 19:17 - 25 Aug 2004    Post subject: Reply with quote

tgabber wrote:
If any moral blame at all is going to be attached to the woman, then that same amount of blame has to be attached equally to every other spectator and participant who didn't acknowledge that what was going on was stupidly dangerous.


Yes, agree with you there.

Stupidly dangerous, probably not. Certainly risky though.

Nkd666 wrote:
And the likelyhood that this guy was 'scraping a slider at 20 mph' to reduce lean angle/ maximise grip is......?


Given the corner and how I have seen people take it I would say he would probably have been doing 30~40mph.

All the best

Keith
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McJamweasel
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PostPosted: 23:23 - 25 Aug 2004    Post subject: Reply with quote

Shade_BW wrote:
Ste, I'm having a hard time not marking all your posts as redundant, as you are saying the same bloody thing over and over again.


That would be because people keep coming back at him with the same things....
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Born2bVile
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PostPosted: 01:52 - 26 Aug 2004    Post subject: Reply with quote

McJamweasel wrote:
That would be because people keep coming back at him with the same things....


Ste's view is that, as she was there she not only knew all the dangers, but actively contributed towards ensuring them. As a result she got killed.

My view is that the idiocy of the rider, in pushing himself and his bike past the limits of what both of them could control, was the crucial factor.

Cheers,

Byrnie.
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Kickstart
The Oracle



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PostPosted: 14:13 - 26 Aug 2004    Post subject: Reply with quote

Hi

My view is that both were factors. If the rider or the spectators had not "participated" then the accident would not have happened.

All the best

Keith
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Ste
Not Work Safe



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PostPosted: 15:37 - 26 Aug 2004    Post subject: Reply with quote

Shade_BW wrote:
Ste, I'm having a hard time not marking all your posts as redundant, as you are saying the same bloody thing over and over again.

As McJam said, this is only happening as people are discussing it with me, with the same points over and over again, so that would make every other post redundant as well.
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Shade_BW
I'm better than you



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PostPosted: 20:11 - 26 Aug 2004    Post subject: Reply with quote

Ste wrote:

As McJam said, this is only happening as people are discussing it with me, with the same points over and over again, so that would make every other post redundant as well.


Yes, but the art of debate is not about stateing one point over and over again.

Many different people have basically agreed with each other by saying similar things. Along the lines of "me too", adding their voice to those debating against you.

You on the other hand have just repeated yourself, a lot.

Shade
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