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To me, it looked like the guy in the car was retaliating back against the motorcyclist by trying to bump him with his car, then he lost control. Looks like some road rage on BOTH parts. Maybe not, but that's what it looks like to me.
No sympathy for anyone with a motorcycle. Mostly dbags.
So motorcyclist's deserve to get run over by car? No sympathies for motorcyclists who get hit by people driving drunk, texting and driving, or being generally inattentive? They deserve to never see their families again because in your words they are dbags?
The motorcyclist was absolutely crazy and an idiot for picking a fight against the car in the first place. I think if he is caught, he should get a more severe punishment than the car driver. The driver of the car can always claim that he was startled by the sound of the kick. Looking straight ahead and driving you dont know if that thump is a blowout of the biker had a gun. But the car driver is also an idiot for putting himself in a position where he could easily be seen as the agressor.
The only person in this who deserves any sympathy is the dude in the truck, whose only crime was being in the wrong place at the wrong time. Glad he is okay.
Completely disagree.
Consequence needs to be taken into consideration. The motorcyclists absolutely should be charged with hit and run. He can raise whatever defense to that he wants. I'm not buying it. Pretty obvious it was a hit and run. The argument really comes in whether his kicking the car was the proximate cause of the ensuing chaos. I would say no. There's no way a reasonable person would think kicking a car in anger would then cause the driver to try and commit vehicular manslaughter (or alternatively swerve out of control into a concrete barrier). I mean, that's the argument, right. My opinion is it's not the proximate cause. It's so out there it's not even worth bringing those charges but that's ultimate a discretion call.
Likewise for the car driver. He should be charged with attempted vehicular manslaughter. He's free to raise the defense that he was just startled and in confusion decided to swerve into a concrete barrier. That's ultimate up to a jury to decide in our legal system -- if it proceeds that far.
Now reality is you can't possibly take everything to trail. This is the type of the case that unfortunately never gets resolved so you have these idiots think their behavior is completely acceptable as no one ever gets punished for it. They don't even do generous plea deals on this type of stuff. Honestly, they should. Idiots like this on the road are a bigger hazard to public safety than petty shoplifting. Charge the biker with 1-3 years for hit and run and the driver with 5-15 for attempted vehicular manslaughter and then take the plea deal for community service and time served be the resolution. Eventually the notion that you can't just go road rage with impunity will sink in to the public similar to how it is with drunk driving. Of course you'll still have idiots, you always will, but DUI isn't the total joke it was 20 years ago.
Some states have what's called a "last clear chance" rule. IOW, although one driver might have committed an earlier fault, if it can be determined that the other driver had a "last clear chance" to avoid the accident, he will be considered the one at fault for the accident.
So despite what had happened earlier, the motorcycle driver clearly had a chance to simply stay behind the jerk driver (something I've done many times) and not continue the fight.
Sure, but by the same token, didn't the car driver have a last clear chance after that not to swerve to the left like a psycho?
in my dream, I'd be on the bike and after the cager (the car driver) tried to kill me I'd have called in a hellfire missile strike from a drone and rode off into the sunset..
Sure, but by the same token, didn't the car driver have a last clear chance after that not to swerve to the left like a psycho?
He can argue that when the car got kicked by the motorcyclist that he was startled, though he might have hit something (or even the motorcyclist) and reacted too radically.
Have to admit the dude on the cycle knew how to ride...don't know how he kept his seat and avoided the barrier and the pieces of car right in his path at high speed.....
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