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Val
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PostPosted: 20:25 - 12 Nov 2014    Post subject: US tourist who turned into the path of motorcyclist... Reply with quote

US tourist who turned into the path of motorcyclist cleared of death charges how fair is that?


I blame the UK Highway Code and traffic laws and the lack of clear rules more specifically priority rules. On the continent you brake the road traffic rules and you are guilty. Does not matter what he is wearing or did you see him. There are clear rules. Here nobody has right of way and everything is prosecuted under careless driving - means the verdict can go both ways no clear objectivity whatsoever written in the law.

https://www.visordown.com/motorcycle-news--general-news/us-tourist-who-turned-into-the-path-of-motorcyclist-cleared-of-death-charges/25879.html
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G
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PostPosted: 21:32 - 12 Nov 2014    Post subject: Re: US tourist who turned into the path of motorcyclist... Reply with quote

Plenty of British people have been let off similar cases for 'SMIDSY'.
Especially in cases where it may not be easy to see the bike/rider.
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shereen
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PostPosted: 22:02 - 12 Nov 2014    Post subject: Reply with quote

So, just say that the biker survived the accident. Who's fault would it have been in terms of insurance liability?? AFAIK if you have crossed into the path of someone on the wrong side of the road, you would be liable for that incident. I.E It would have been her fault!

So if you keep that in mind; why the fuck was she let off??
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G
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PostPosted: 22:05 - 12 Nov 2014    Post subject: Reply with quote

shereen wrote:

So if you keep that in mind; why the fuck was she let off??

Because being 'at fault' for an accident does not have to mean you were 'driving below the standard expected of a reasonable and prudent driver in the circumstances'.
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dydey90
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PostPosted: 22:37 - 12 Nov 2014    Post subject: Reply with quote

Quote:
‘Mr Todd was in an all black outfit, on a black bike and wearing a black helmet, so he would not have easily been seen.’


Yeah, a black bike with a big bright headlight strapped to the front. You can't get more visible that something that actually emits light.

There's a reason why 'Muricans can't transfer their license to a British one without tests.
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G
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PostPosted: 22:40 - 12 Nov 2014    Post subject: Reply with quote

Quote:
‘The police reconstruction using an officer on a police bike with its headlight illuminated, wearing a high-vis jacket and white helmet was not an accurate reconstruction. It was seriously flawed.

The suggestion there is that does not reflect the state of the rider.

As it goes, in a lot of situations a headlight can make it harder to judge speed and distance. In some cases it can make a bike look like a car a lot further away.
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Rogerborg
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PostPosted: 22:49 - 12 Nov 2014    Post subject: Re: US tourist who turned into the path of motorcyclist... Reply with quote

Val wrote:
On the continent you brake the road traffic rules and you are guilty.

Should we also throw donkeys off of towers and gas gypsies?

My comments in the VD article stand. He fucked up, did himself no favours, and got no sympathy. Happens every day, pretty much.
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WD Forte
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PostPosted: 23:03 - 12 Nov 2014    Post subject: Reply with quote

Tragic of course but I cant help thinking its a
similar situation to the recent onboard vid we saw of the young guy
David when a car at a junction pulled across his lane.
Not uncommon sadly.
I always get a bit of a sphincter tense when approaching junctions
with a car waiting to pull across my lane.
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G
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PostPosted: 23:28 - 12 Nov 2014    Post subject: Re: US tourist who turned into the path of motorcyclist... Reply with quote

Rogerborg wrote:
He fucked up,

They don't mention conditions, but I'd expect he'd have a much better chance of not getting deaded if he'd known how to use brakes too.
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Polarbear
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PostPosted: 07:43 - 13 Nov 2014    Post subject: Re: US tourist who turned into the path of motorcyclist... Reply with quote

Rogerborg wrote:
Val wrote:
On the continent you brake the road traffic rules and you are guilty.

Should we also throw donkeys off of towers and gas gypsies?

My comments in the VD article stand. He fucked up, did himself no favours, and got no sympathy. Happens every day, pretty much.


No and yes
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ScaredyCat
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PostPosted: 07:53 - 13 Nov 2014    Post subject: Reply with quote

Wasn't a copper Wink

Remember this one...

https://dl.dropboxusercontent.com/u/188253/_bcf/fuzz1.jpg

https://www.independent.ie/irish-news/fine-for-us-tourist-who-crashed-into-motorbike-gardai-30512499.html
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bikertomm
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PostPosted: 12:04 - 14 Nov 2014    Post subject: Reply with quote

Depressing.

What a sorry state we live in. It seems the norm for people to pull out without looking properly, kill a biker in the process, 'Oh sorry, didn't see you there' and be let off.. even if they are on their phone (Case of the police woman that pulled out with her phone in her lap Evil or Very Mad )

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janner_10
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PostPosted: 21:26 - 14 Nov 2014    Post subject: Reply with quote

Dont think the guy was done many favours by the po-po:

From the article:

Jurors took 30 minutes to find Ardell not guilty on November 7 after hearing conflicting opinions from police regarding the accident.

James Allan, a former Central Scotland Police inspector turned independent traffic consultant, said a report put together by his former colleagues was inaccurate.
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Rogerborg
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PostPosted: 09:57 - 15 Nov 2014    Post subject: Reply with quote

janner_10 wrote:
Dont think the guy was done many favours by the po-po:

Read again. It looks like the "po po" did a decent job of at least trying to get a conviction by doing a reconstruction. They also had a good go in the case of that Special with her phone "on her lap", according to the victim's family.

It seems to be the CPS or Fiscal that tend to make a hash of the prosecutions. Very different things.
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arry
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PostPosted: 10:10 - 15 Nov 2014    Post subject: Reply with quote

bikertomm wrote:
Depressing.

What a sorry state we live in. It seems the norm for people to pull out without looking properly, kill a biker in the process,


Let's spin that round:

What a sorry state we live in. It seems the norm that bikers can do near double the speed limit around cars approaching a junction, appear out of no-where, smash into the side of your motor and then you end up getting taken to court for them quadraspazzing themselves!
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shereen
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PostPosted: 10:13 - 21 Nov 2014    Post subject: Reply with quote

G wrote:
shereen wrote:

So if you keep that in mind; why the fuck was she let off??

Because being 'at fault' for an accident does not have to mean you were 'driving below the standard expected of a reasonable and prudent driver in the circumstances'.


Surely being at fault for an accident means exactly that.

If someone did not make an error in driving, then the accident would not have occurred?
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Rogerborg
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PostPosted: 11:00 - 21 Nov 2014    Post subject: Reply with quote

^^^
I actually subscribe to this view.

The State puts massive resources into detecting and prosecuting driving behaviour on the basis that it might result in a collision.

When a collision actually happens, unless it involves spazzing or occurs under the nose of a copper, the response is overwhelmingly "Civil matter, talk to your insurer".

Perhaps we'd be better off if people got 3 points per prang so that serial smashers got properly banned in short order, rather than just having to pay higher and higher insurance prices.
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Polarbear
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PostPosted: 12:02 - 21 Nov 2014    Post subject: Reply with quote

Rogerborg wrote:
^^^
I actually subscribe to this view.

The State puts massive resources into detecting and prosecuting driving behaviour on the basis that it might result in a collision.When a collision actually happens, unless it involves spazzing or occurs under the nose of a copper, the response is overwhelmingly "Civil matter, talk to your insurer".

Perhaps we'd be better off if people got 3 points per prang so that serial smashers got properly banned in short order, rather than just having to pay higher and higher insurance prices.


Totally true - speeding offenses a potential kitten killers. not actual ones.
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G
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PostPosted: 12:56 - 21 Nov 2014    Post subject: Reply with quote

shereen wrote:

Surely being at fault for an accident means exactly that.

If someone did not make an error in driving, then the accident would not have occurred?

Your vehicles goes over an seen shard of glass which causes a blow out that results in you swerving into another vehicle that's overtaking you.

I don't see anything in that situation that would mean you were 'driving below the standard expected of a reasonable and prudent driver in the circumstances', yet from an insurance stand point, you would be 'at fault' I believe.
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shereen
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PostPosted: 14:06 - 21 Nov 2014    Post subject: Reply with quote

G wrote:
shereen wrote:

Surely being at fault for an accident means exactly that.

If someone did not make an error in driving, then the accident would not have occurred?

Your vehicles goes over an seen shard of glass which causes a blow out that results in you swerving into another vehicle that's overtaking you.

I don't see anything in that situation that would mean you were 'driving below the standard expected of a reasonable and prudent driver in the circumstances', yet from an insurance stand point, you would be 'at fault' I believe.


This is true but does not apply to the case in question, thus it is not relevant.

My point was generalised and that's pretty obvious to see.
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