Biker fined for an accident he was cleared of causing..

Villers · World Chat Champion Joined: 13 Sep 2004 Karma :

Thats basically the headline grab from the local paper anyway!!

Basically a biker has been heading in one direction approaching a petrol station on his left, a van waiting to turn right into the station hasnt spotted him and cleaned him out.

On inspection the police found that his back tyre was illegal and slapped him with a three pointer and a fine. The biker was critically ill in intensive care for a good while too.

The police have cleared the biker of any blame and even say that the defective tyre had no bearing on the accident at all and that from the bikers point of view it was unavoidable.

Now the papers making the police out to be heartless dimwits who have fined an injured man for soing no wrong, even using 'bikers fury at fine' and a few quotes from the now recovered man.

I thought this would be interesting to share and see what your thoughts would be on it. Fair? Or unfair?

Personally if you have a bald tyre you have a bald tyre no matter if your a victim but perhaps a caution would suffice.
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Handsome · World Chat Champion Joined: 30 Dec 2005 Karma :

Whilst it's been proven that the bald tyre had no bearing on the accident, he had one and knew he had one so it's just unlucky for him that it was spotted...He may have got sympathy if he'd have been going to get a new one but as it hasn't been said I'll take it he wasn't.

I wouldn't ride with a bald tyre...
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Pete. · Super Spammer Joined: 22 Aug 2006 Karma :

A wee bit heartless on the copper's part, he could have used discretion and decided that the biker had suffered enough but at the end of the day the guy had a bald tyre so has no real cause for complaint.

The press couldn't give a toss about anything except stirring-up readers emotions by making a headline from a non-event. They care only for circulation figures and advertising revenue.
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G · The Voice of Reason Joined: 02 Feb 2002 Karma :

I was in a similar situation.

I got a £400 fine and 3 points for a tyre 'not in a fit state'. The prosecution report made it clear that it was not the cause of the accident.

The accident had seen two of my friends listed as critically ill in hospital and cost me many thousands of pounds, yet they still saw fit to prosecute.
What was more galling was that the tyre was checked at the beginning of the journey; definitely was not in that state and was at the right pressure. However I couldn't afford the several thousand pounds it would likely cost to defend myself.

Seems they just had it in for me.

Chriss · World Chat Champion Joined: 07 May 2005 Karma :

Lucky they didn't have the tape measure out to check the size of the number plates too. Rolling Eyes

To be honest, yes, it's still illegal etc, but it's a bit of a kick whilst he's down.
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iloveriding · Trackday Trickster Joined: 24 May 2007 Karma :

Walloper · Super Spammer Joined: 24 Feb 2005 Karma :

An interesting story.
The Police are right.
The Biker is wrong.
The Papers are arseholes.

It's driving home what we should all always be is legal.

It is better going into court having complied with all laws than going into court with one arm tied behind your back.

I never saw the tyre but maybe it was so bad that the policeman was not able to ignore it.
I do not know how these things work, but a sharp defending legal rep. could have cited that as contributing and got some mileage out of a jury on it.

If the cop had not wrote it up he would have been shafted had it been held as evidence.

If I had been the cop I would have covered my arse too.
It is only a fine for a numpty against my job and mortgage. See you mate. Wink

The biker was injured through no fault of his own, but he was not legal.

My opinion.

Sorry for the biker too. Sad

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iooi · Super Spammer Joined: 14 Jan 2007 Karma :

iloveriding · Trackday Trickster Joined: 24 May 2007 Karma :

another way of looking at it is, bold tyre if he was following the law he would not have been there to have the accident. Crying or Very sad

Tony
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ilovensr · Nitrous Nuisance Joined: 13 May 2007 Karma :

i feel sorry for any biker whos in a crash especially one that wasnt their fault. However if his tyres was bald then it is the policemans responsibility to report it.

What really pisses me off is the press which is totally irresponsible, the worst thing is that most local newspapers are the same. in one of the local papers my parents get it was having a go at people who legally clamp cars when they were parked in the staff parking at my work. This was on the front page as well, very irresponsible in my opinion
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Walloper · Super Spammer Joined: 24 Feb 2005 Karma :

****Headline****

Quote: The Daily Blaa..

"A biker made a Left turn last week off Hadington Main Street, West Lothian without using trafficators to warn other road users.
NASA have blamed their having to re-direct the recent Shuttle landing from Florida to Californicate on this dangerous act." Laughing

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map · Mr Calendar Joined: 14 Jun 2004 Karma :

Personally I'd have expected the insurance not to pay out if the bike wasn't legal for the road. Then insurance companies IMO are always looking not to pay out on claims (or pay minimum as possible). Any news on this aspect?
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ken · World Chat Champion Joined: 12 Oct 2006 Karma :

G wrote:

T.C · World Chat Champion Joined: 05 Nov 2003 Karma :

iooi · Super Spammer Joined: 14 Jan 2007 Karma :

Villers · World Chat Champion Joined: 13 Sep 2004 Karma :

Im a bit of a worrier and if it was me I and I knew the tyre was bald before I went out then I would be thinking that I shouldnt have been there and hence no accident.

There was an update in the paper today. The guy driving the van had been let off without a court appearance but the police have gave in to the biker and are now taking him to court.
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colin1 · Captain Safety Joined: 17 Feb 2005 Karma :

i dont blame the police for punishing the biker for bald tyre, but i do blame them for not punishing the van driver for the more serious thing of causing a collision

i think it comes down to it being easy to prove a tyre is bald, but not so easy to prove the van driver was at fault

police would prefer to rack up lots of easy minor prosecutions than spend time and money on the big important ones
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