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RaginCajun83
12-16-2005, 03:47 AM
Holy ****, there is no way that guy survived. And the driver of the car is a dumbass. And WTF is with the other cars passing the horrific crash they just witnessed?

wordelo
12-16-2005, 08:58 AM
they got places to be that's why. they were not boy scouts they don't go and help everyone in a time of need that is a medics job. now the person in the car is a dumbass for pulling in front of him like that.

also when you witness an accident and you don't know how to help, don't help it's the best thing you can do. believe it or not you can get sued for trying to help and they suffer pain and permenant damages, but you saved his or her life.

How do I know this? because I was a boy scout and while I was trying for my first aid badge they told me this. seems logical.

thejerkstore
12-16-2005, 10:14 AM
It's hard to say who's at fault. The bike looked like it was going at least double the speed as the rest of the traffic. Yes the car should have looked better, but if the bike was 2 blocks away at the time it might have looked ok to cross.

As far as the people driving by. What do you expect them to do? Run out and say "are you ok"? They don't have the resources to do anything, it's obvious that he's hurt. There's no point to have double digit calls to 911 about the same thing.

kuffalti
12-16-2005, 11:42 AM
i would have stopped but thats just because im certified to do cpr. otherwise, i would have just kept driving. nothing else i can do, and im sure someone else would have stopped to help.

Acidbath86
12-16-2005, 12:12 PM
Damn, that's really got to suck, hopefully he made it. Something similar to that happened a few years back on a street known for accidents close to where I live, except it was 2 cars though. We were at a stop light and all of a sudden this car hits another car making a right turn. The impact was pretty powerful that the the first car sort of did a 360 in the air, flipping over the other car. My friend's dad was on the same street too, the car that made the turn was behind him, so he quickly got out when he saw what had happened. He knew he wasn't some paramedic or anything so he did anything he could to help, so he started directing traffic around the wreckage as the real paramedics were on their way.

Y-M-C-A
12-16-2005, 12:57 PM
they got places to be that's why. they were not boy scouts they don't go and help everyone in a time of need that is a medics job. now the person in the car is a dumbass for pulling in front of him like that.

also when you witness an accident and you don't know how to help, don't help it's the best thing you can do. believe it or not you can get sued for trying to help and they suffer pain and permenant damages, but you saved his or her life.

How do I know this? because I was a boy scout and while I was trying for my first aid badge they told me this. seems logical.


Strange, in germany you have to do a (whats-it-called) cpr/first-aid course before you are even allowed to get your drivers-license.
Every car has to be equiped with a first-aid set.
And if you dont help you can get sued...

Slothman
12-16-2005, 02:59 PM
thats pritty sad you can get sued for trying to save a person's life.

Refuse
12-16-2005, 04:24 PM
thats pritty sad you can get sued for trying to save a person's life.

Yeah, it is, but with wrecks like this one can easily paralyze a person if they don't know what they're doing.

Slug Moses
12-16-2005, 04:34 PM
thats pritty sad you can get sued for trying to save a person's life.
It is sad. This happened to a friend of mine. He was sued after he helped a man from a car fire. The victim probably wouldn't have done anything but a hot head lawyer got him all pumped about a lawsuit and flashed all these dollar signs in his face. Ended up suing my friend saying he injured his leg when he was pulling him from the car. So basically, the guy would rather be burned alive than have a broken ankle.

The lawyers are doing this country a great service. Every time I see an accident or someone who needs help, I practically run away from them.

Kazimierz
12-16-2005, 04:51 PM
It is sad. This happened to a friend of mine. He was sued after he helped a man from a car fire. The victim probably wouldn't have done anything but a hot head lawyer got him all pumped about a lawsuit and flashed all these dollar signs in his face. Ended up suing my friend saying he injured his leg when he was pulling him from the car. So basically, the guy would rather be burned alive than have a broken ankle.

The lawyers are doing this country a great service. Every time I see an accident or someone who needs help, I practically run away from them.

The Good Samaritan Act:

No liability for emergency aid unless gross negligence

1 A person who renders emergency medical services or aid to an ill, injured or unconscious person, at the immediate scene of an accident or emergency that has caused the illness, injury or unconsciousness, is not liable for damages for injury to or death of that person caused by the person's act or omission in rendering the medical services or aid unless that person is grossly negligent.

Exceptions

2 Section 1 does not apply if the person rendering the medical services or aid

(a) is employed expressly for that purpose, or

(b) does so with a view to gain.

Slug Moses
12-16-2005, 05:12 PM
No liability for emergency aid unless gross negligence

Proving gross negligence is easy, lawyers study how to do it for years. Some of these lawyers can make a Mother Theresa look like Hitler in the courtroom.

Kazimierz
12-16-2005, 06:39 PM
Proving gross negligence is easy, lawyers study how to do it for years. Some of these lawyers can make a Mother Theresa look like Hitler in the courtroom.

http://dictionary.reference.com/search?q=gross%20negligence'

an extremely careless action or an omission that is willful or reckless disregard for the consequences to the safety or property of another; also called very great negligence, culpa lata

To successfully prove (the tort of) negligence, the plaintiff must prove:

a. The defendant owed a duty of care to the plaintiff
b. that the defendant breached that duty
c. that the plaintiff suffered a legally recognizable injury
d. that the defendant's breach caused the plaintiff's injury

The concept of duty of care is defined in the law of torts by the reasonable person standard. In determining whether a duty of care has been breached, the court asks how a reasonable person would have acted in the same circumstances.

A reasonable person would have helped the man in the car, and would have pulled him out. He would be breaching both the reasonable person standard and the good samaritan act if he did not help, and either your friend was defending himself or had a horrible lawyer, or there was something else involved. The defense attorney should have won a motion to dismiss or a motion for judgement on the pleadings and had the case closed at that point. And, the prosecution would have difficulty in meeting all 4 criteria for the tort of negligence, unless, of course, there is more information than what you said.

(certain points paraphrased from West's Business Law ninth edition)

Slug Moses
12-16-2005, 06:52 PM
^Yeah, all that law is well and good. In the real world, especially in small towns, rumors fly and tempers flare quickly when stories get twisted as they are passed around. No one knows for sure what happened that night, maybe I'm way off assuming he was trying to help the guy.

He chose to settle out of court because of so much public pressure. In small towns that basically means lots of things were going "bump" in the night. He had a rich family so it was probably a drop in the bucket for them anyway.

teamdescent
12-16-2005, 07:13 PM
That video was awesome to the max

Heresy
12-16-2005, 07:58 PM
Ouch that sucks. I remember seeing an accident involving a mini van and a truck. The minivan had zoomed by us almost scraping the left side of our truck. It ran a red light (we stopped) and the truck slammed into the minivan making it do a 180 and the rear end of the car went up in the air. And then seconds after both vehicles stopped, 7 little kids ran out of the minivan to the curb. That was.........:confused:

aero1310
12-16-2005, 08:10 PM
well if you examine the video a little closely, the guy was wearing a helmet and it didnt look like he landed on his head but on his ass then rolled over.

This video reminds me of a few years ago, I guess this guy got real angry at someone then took off on his motercycle went down the street and I dont remember but either he ran into someone that was turning or someone turned into him. Not sure but I think he died.

Oli
12-16-2005, 08:26 PM
As a biker myself, it really pisses me off when car drivers DO NOT FUCKING LOOK. That twats mind was more on which pump was free to use than oncoming traffic, inattentive drivers like that do not belong on the roads.

I've came off my old bike at 60mph, didn't hit anything so I survived with only bruises and whiplash. If that biker didn't hit anything then he'll most likely be okay, bike gear is bloody protective. But it can't protect you against a tree or shitty road barriers that claim bikers lives every year.

anothermoron
12-16-2005, 09:33 PM
I'm still not used to "twat" being a swear word, hahaha...

That dumbass car driver should've looked. Although, a black motorcycle is the hardest vehicle to see on the road. Lame excuse, but I'm just saying it's true. Maybe it was an elderly shithead, but they shouldn't be allowed on the road in the first place.

They need younger people to provide meals on wheels without the meals for once. At least pay for public transportation, you greedy old cunts! Wow, I'm ranting on another subject. Hey look, it's Ronald McDonald...

Kreated
12-16-2005, 11:34 PM
ok first off kiddies, the guy likely lived, he didnt crash into the car and cleared over it...But thats a guess, ive scene guys fall at over 100mph doing wheelies and walk away, and ive also lost a few friends who were going 25 mph..so you never know;..

As for the story lemme guess..


Driver of car=65 yrs old + probably legally blind, deaf, dumb, but figured that they could still drive because its thier right...

I almost got killed by a 80 yr old lady driving thw wrong way onto the highway...True story..She would have went onto the highway if she didnt see me..

Germany has great laws for obtaining your license...They r very strict. They also have the fastest highway with the least amount of deaths...

the autobahn....people can legally do 200 mph if they wanted and you HAVE TO PASS ON THE LEFT OR GET ARRESTED...slow drivers have to stay in the right lane or face big tickets...We need to change our road regulations drastically...Rant over

Kazimierz
12-17-2005, 05:47 AM
the autobahn....people can legally do 200 mph if they wanted and you HAVE TO PASS ON THE LEFT OR GET ARRESTED...slow drivers have to stay in the right lane or face big tickets...We need to change our road regulations drastically...Rant over

All of Europe, the people in the left get the fuck out of your way, it's fucking civilized. Unlike here, where you're veering into and out of lanes to get through. Especially in Hawaii, everyone's driving the same fucking speed, and if you pull up behind someone or they see you want to go fast, they'll slow down just to be a prick. Being a biker, i just end up driving in the shoulder through all the rubble and trash to pass people. And that not only gets me tickets, but is fucking dangerous.

So yeah, driving in Europe > driving in the USA. And being a biker in the USA? At least you're not in Hawaii, where we have the highest rate of motorcycle fatalities. Super.

Oli, what do you ride?

JCap334
12-17-2005, 02:29 PM
If you touch the guy on the motorcycle, it’s call lawsuits… He can turn around and sue the people that touched him or his family members can if he dies. Unless if your state has a Good Samaritan law or if you are qualified medic.

Kazimierz
12-17-2005, 06:52 PM
If you touch the guy on the motorcycle, it’s call lawsuits… He can turn around and sue the people that touched him or his family members can if he dies. Unless if your state has a Good Samaritan law or if you are qualified medic.

WRONG.


The Good Samaritan Act:

No liability for emergency aid unless gross negligence

1 A person who renders emergency medical services or aid to an ill, injured or unconscious person, at the immediate scene of an accident or emergency that has caused the illness, injury or unconsciousness, is not liable for damages for injury to or death of that person caused by the person's act or omission in rendering the medical services or aid unless that person is grossly negligent.

Exceptions

2 Section 1 does not apply if the person rendering the medical services or aid

(a) is employed expressly for that purpose, or

(b) does so with a view to gain.

And


http://dictionary.reference.com/search?q=gross%20negligence'

an extremely careless action or an omission that is willful or reckless disregard for the consequences to the safety or property of another; also called very great negligence, culpa lata

To successfully prove (the tort of) negligence, the plaintiff must prove:

a. The defendant owed a duty of care to the plaintiff
b. that the defendant breached that duty
c. that the plaintiff suffered a legally recognizable injury
d. that the defendant's breach caused the plaintiff's injury

The concept of duty of care is defined in the law of torts by the reasonable person standard. In determining whether a duty of care has been breached, the court asks how a reasonable person would have acted in the same circumstances.

A reasonable person would have helped the man in the car, and would have pulled him out. He would be breaching both the reasonable person standard and the good samaritan act if he did not help, and either your friend was defending himself or had a horrible lawyer, or there was something else involved. The defense attorney should have won a motion to dismiss or a motion for judgement on the pleadings and had the case closed at that point. And, the prosecution would have difficulty in meeting all 4 criteria for the tort of negligence, unless, of course, there is more information than what you said.

(certain points paraphrased from West's Business Law ninth edition)

And

A man suffered an allergic reaction to food he consumed at a music festival. A medical crew in the first aid tent at the festival provided assistance, but the man died. His family sued the first aid crew. The court found that under the Good Samaritan Act, the family had the duty to come forward with standard of care evidence and affidavits establishing deviations from normal care, or some expert attribution of a connection between negligence and the man's death. No such evidence was submitted and so the volunteer medical crew could not be found liable

Review Good Samaritan statutes according to your state here (http://www.momsteam.com/alpha/features/cardiac_awareness_center/good_samaritan_laws.shtml). If someone is ever in need of assistance, don't refuse it for fear of lawsuit. This is a person's life, and you owe them the best that you can do. If you dont know CPR or don't know what to do, you can still call and look for help.

Failing to stop and render aid constitutes negligence as well, so never think twice about helping someone.

anothermoron
12-17-2005, 09:17 PM
^^^Listen to the smart one!!

DeftonesBoy
12-18-2005, 02:36 AM
Failing to stop and render aid constitutes negligence as well, so never think twice about helping someone.

Ah, but how do they find out that you didn't help them if you just drive past? Are they going to get into a wreck and then just start taking license plate numbers as their head bleeds profusely?

Kazimierz
12-18-2005, 02:40 AM
Ah, but how do they find out that you didn't help them if you just drive past? Are they going to get into a wreck and then just start taking license plate numbers as their head bleeds profusely?

Whether you get caught or not doesn't change the fact that's it's negligence and could lead to far worse things. If you're caught fleeing the scene or failing to render aid and the person dies, and you get caught, then the shit will hit the fan.

DeftonesBoy
12-18-2005, 02:44 AM
Whether you get caught or not doesn't change the fact that's it's negligence and could lead to far worse things. If you're caught fleeing the scene or failing to render aid and the person dies, and you get caught, then the shit will hit the fan.
Yeah, but don't worry about me I always help or dial 911. :)

jeff_b
12-18-2005, 08:12 AM
thats sux cuz you can get sued for trying to save life ..

Avichai
12-18-2005, 09:28 AM
they got places to be that's why. they were not boy scouts they don't go and help everyone in a time of need that is a medics job. now the person in the car is a dumbass for pulling in front of him like that.

also when you witness an accident and you don't know how to help, don't help it's the best thing you can do. believe it or not you can get sued for trying to help and they suffer pain and permenant damages, but you saved his or her life.

How do I know this? because I was a boy scout and while I was trying for my first aid badge they told me this. seems logical.


you are such a fag


guy was hurt, you help guy so he no hurt

I said it in ur stupidity language so u can understand it you god damn geek I bet you sit on the computer all day long just from what you said... " it's better to not help him" hahaha ur so dumb

wordelo
12-18-2005, 09:43 AM
Strange, in germany you have to do a (whats-it-called) cpr/first-aid course before you are even allowed to get your drivers-license.
Every car has to be equiped with a first-aid set.
And if you dont help you can get sued...

that is smart

the autobahn....people can legally do 200 mph if they wanted and you HAVE TO PASS ON THE LEFT OR GET ARRESTED...slow drivers have to stay in the right lane or face big tickets...We need to change our road regulations drastically...Rant over

im movin' to germany who's with me?
My shitty car can't even do 200 it can barely do 100 any faster and the metal will fly off its seams/hinges/bolts what ever holds a car together

I remember taking a driving class and during the driving part I witnessed a crash right next to me and my instructor just told me to "step on it!!"

Y-M-C-A
12-18-2005, 12:39 PM
that is smart



im movin' to germany who's with me?
My shitty car can't even do 200 it can barely do 100 any faster and the metal will fly off its seams/hinges/bolts what ever holds a car together

I remember taking a driving class and during the driving part I witnessed a crash right next to me and my instructor just told me to "step on it!!"


Well, to tell the truth: There is no overall speed-limit for the Autobahn. You could go as fast as your ride can make it.
BUT: Try to find such a place because most of the time you have "120 km/h", "100 km/h" or freakin Construction-Areas with "50 km/h" max speed...

But if you find a good road: Hit it!

anothermoron
12-18-2005, 02:08 PM
"My shitty car can't even do 200"

Wow, that's shitty... I guess...

Bregund
12-19-2005, 11:26 PM
I hope that white car is okay.

JimBeam
12-20-2005, 05:26 AM
Here in Australia it's actually against the law to ignore an accident if you are first at the scene. Obviously it's not a very heavily enforced law, because it's just not that easy to catch someone do it... if you're there to witness someone ignore the accident, then you're probably the first on the scene. But yeah, if you see an accident and nobody is around to help, you've got to stick around by law. At least this is what I've been told by several people.

Strange, in germany you have to do a (whats-it-called) cpr/first-aid course before you are even allowed to get your drivers-license.
Every car has to be equiped with a first-aid set.
And if you dont help you can get sued...

But you also have the Autobahn... a road with no speed limits, that's just asking for trouble. I'd want everyone to be CPR trained and have first aid kits too if I had to drive on that road.

Poe Perot
12-20-2005, 04:21 PM
Did anybody else notice that the person driving the car didn't even get out? What a fucking prick. Somebody on a motorcycle just slammed into your stupid ass and flew 50 feet, and you can't get out your fucking car to help? I hope the guy on the bike crawled over to the car with his broken legs and beat her to death.

IloveDaisyDuke9
12-20-2005, 04:58 PM
WRONG.



And



And



Review Good Samaritan statutes according to your state here (http://www.momsteam.com/alpha/features/cardiac_awareness_center/good_samaritan_laws.shtml). If someone is ever in need of assistance, don't refuse it for fear of lawsuit. This is a person's life, and you <b>owe them the best that you can do</b>. If you dont know CPR or don't know what to do, you can still call and look for help.

Failing to stop and render aid constitutes negligence as well, so never think twice about helping someone.

LOL, you don't owe them shit. That guy was speeding, he could've killed a little kid on a bicycle, or someone on foot (as lance has learned)

Kazimierz
12-20-2005, 10:38 PM
LOL, you don't owe them shit. That guy was speeding, he could've killed a little kid on a bicycle, or someone on foot (as lance has learned)

Even if he was speeding, he has the right of way.

And because someone is speeding, their life somehow becomes worthless? Where's that come from? You're the dipshit who doesn't look to check for oncoming traffic.

IloveDaisyDuke9
12-21-2005, 05:37 PM
Even if he was speeding, he has the right of way.

And because someone is speeding, their life somehow becomes worthless? Where's that come from? You're the dipshit who doesn't look to check for oncoming traffic.

I never fucking said that his life was fucking worthless. I just meant that you don't owe them shit, YOUR mom or YOUR dad, or MY MOM or MY DAD (or any other sibling) could've stepped out infront the bastard and since he was speeding he could've killed them. so, fuck him. he was speeding and he paid the price. he might of been able to dodge the car, or atleast stop if the fuck shit wasn't speeding like a twat. oh yea, he fucking himself.

Refuse
12-21-2005, 06:46 PM
That guy was speeding, he could've killed a little kid on a bicycle, or someone on foot (as lance has learned)


1. You don't have the ability to judge how fast the bike was going, unless you can prove otherwise. "I used to watch motorcycle races a lot.", doesn't constitute as valid credentials. I'm talking about formal education.

2. You don't know the speed limit on this particular road. Unless I missed something, the speed limit is not shown anywhere in this video...yet again, something you'd have to prove.

3. He could've killed a little kid on a bicycle or someone on foot while doing the speed limit as well.

Kazimierz
12-21-2005, 11:48 PM
1. You don't have the ability to judge how fast the bike was going, unless you can prove otherwise. "I used to watch motorcycle races a lot.", doesn't constitute as valid credentials. I'm talking about formal education.

2. You don't know the speed limit on this particular road. Unless I missed something, the speed limit is not shown anywhere in this video...yet again, something you'd have to prove.

3. He could've killed a little kid on a bicycle or someone on foot while doing the speed limit as well.

Bingo.

And to Daisy, you owe them everything. YOU HIT THEM. YOU CUT THEM OFF. Sure, they might have caused an injury, but YOU ACTUALLY DID. The car is 100% at fault.

As for speeding, go ahead and prove it, it still won't change the fact that it's your fault.

Kreated
12-22-2005, 04:28 AM
my friend died like that..He was doing 55mph down route 110 Legally AND some blind 85 yr old guy pulls out to make a right on red (legal in ny) He goes flying over the hood, broken neck, dead on impact, his girlfriend is paralyzed for life. He actually totalled the guys car to believe it or not...Thats why i dont ride anymore, because of old people. they are probably just as dangerous as a drunk driver..