Racing Driver Injures 3 in Stalled Car

[wCat]

Wow....a car breaks down in traffic and the driver attempts to pull over mostly likely with the FIRST intention of being out of harms way, secondly to safeguard oncoming traffic, but because of the malfunctioning car is unable to be 100% on the shoulder, they are EQUALLY at FAULT when a speeding car is illegally driving ON the shoulder? That logic is completely irresponsible and absurd. Even more so by restating it six times in ONE thread. The discussion of "guilt" is baseless merely because hearsay was offered about the stranded drivers position on the shoulder.

Not knowing who, how old, what gender, race or color of any participants, it's difficult to make this a devils advocate case. It's completely irrelevant and inflammatory to even introduce that factor into this story. It's a tragic situation that COULD have been avoided by the offending speeding driver. He had the choice. The driver of the disabled car did not.

Not to impugn an alleged report by one of SA's finest, but my money would be on a judge tossing out "negligence" or "fault" by the stranded driver as reported by this officer.

Well wishes for any of the injured should be offered instead.

[SilverCreek78250]

I agree - no need for name calling here.

I'm just excited about the fact that as a group, I think we have used the vast resources of our collective CD-F expertise to solve San Antonio's traffic problems. Hence forth, shoulders of roads will not be used for disabled vehicles or as a place to pull off when the police pull you over, but instead will simply be an additional lane to improve the flow of traffic.

Congratulations to all of us. We are certified brain surgeons!

[sinsativ]

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.


SUBCHAPTER B. DRIVING ON RIGHT SIDE OF ROADWAY AND PASSING § 545.051. DRIVING ON RIGHT SIDE OF ROADWAY. (a) An operator on a roadway of sufficient width shall drive on the right half of the roadway, unless:
(1) the operator is passing another vehicle;
The driver of the Jetta was doing this, He was in the wrong. End of Story. !!

The operator of the Stranded car is covered under the subsequent chapter:

§ 545.058. DRIVING ON IMPROVED SHOULDER. (a) An
operator may drive on an improved shoulder to the right of the main
traveled portion of a roadway if that operation is necessary and may
be done safely, but only:
(1) to stop, stand, or park;
and lower in that chapter:
(1) to slow or stop when the vehicle is disabled and traffic or other circumstances prohibit the safe movement of the vehicle to the shoulder to the right of the main traveled portion of the roadway;

So, he had no culpability in this, except maybe the upkeep on his vehicle.

[chipsndip]

(b) For purposes of this section, "obstruct" means to render
impassable or to render passage unreasonably inconvenient or
hazardous.

Again - everyone else on the highway was able to pass safely. According to this law, therefore, there was no obstruction.

Originally Posted by quest51210

oops, thank you for pointing that out. copy/pasted wrong one thanks for helping me dissprove you.

§ 542.03. OBSTRUCTING HIGHWAY OR OTHER PASSAGEWAY.
(a) A person commits an offense if, without legal privilege or
authority, he intentionally, knowingly, recklessly, or unknowingly:
(1) obstructs a highway, street, sidewalk, railway,
waterway, elevator, aisle, hallway, entrance, or exit to which the
public or a substantial group of the public has access, or any other
place used for the passage of persons, vehicles, or conveyances,
regardless of the means of creating the obstruction and whether the
obstruction arises from his acts alone or from his acts and the acts
of others; or
(2) disobeys a reasonable request or order to move
issued by a person the actor knows to be or is informed is a peace
officer, a fireman, or a person with authority to control the use of
the premises:
(A) to prevent obstruction of a highway or any of
those areas mentioned in Subdivision (1); or
(B) to maintain public safety by dispersing those
gathered in dangerous proximity to a fire, riot, or other hazard.
(b) For purposes of this section, "obstruct" means to render
impassable or to render passage unreasonably inconvenient or
hazardous.
(c) An offense under this section is a Class B misdemeanor.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,

[wCat]

Originally Posted by chipsndip

(b) For purposes of this section, "obstruct" means to render
impassable or to render passage unreasonably inconvenient or
hazardous.

Again - everyone else on the highway was able to pass safely. According to this law, therefore, there was no obstruction.

It would be interesting to see the actual police report on this to see how the attending officer worded the report. It's really hard to believe he/she wouldn't agree with the above clarification especially when the other car was speeding and driving recklessly.

[svg210]

Originally Posted by wCat

It would be interesting to see the actual police report on this to see how the attending officer worded the report. It's really hard to believe he/she wouldn't agree with the above clarification especially when the other car was speeding and driving recklessly.

Well. if you ask me, an obstruction charge would be incoherent in this case as the vehicle that was hit was 'disabled' if he was stalled or parked on the shoulder and the PO finds out that it can move, then the operator would face an obstruction charge. but in this case the guy in the jetta should face a Reckless driving charge, or Assault since he was aggresivly driving. I hope the officer cheked the "Aggressive Driver" box on his ticket.

[sinsativ]

On Oct. 12, street racers were blamed for sending three members of a family whose vehicle had stalled on Loop 410 to University Hospital. The family, all of whom suffered serious injuries, was in a stalled car on the shoulder of Loop 410 at Babcock Road when a Volkswagen Jetta that had been racing another car slammed into theirs.
In that incident, police charged Geraldo Candelas, 22, with racing on a highway causing serious bodily injury or death.

A seperate case
A 22-year-old man was released from jail on a reckless driving charge just hours before authorities said he raced down a west Bexar County road, careening across four lanes and slamming into a pole, instantly killing the friend who sat beside him.
Authorities said Elwin Rozyskie III, whose Mitsubishi Eclipse reached speeds up to 80 mph during an impromptu race initiated at a traffic stop Nov. 2, was released from the Bexar County Jail about three hours before the early-morning crash, his penchant for speed apparently unabated.

What really gets me about this, his 30 day sentence! Goes in Friday nite, jus before midnite, gets credit for the day, spends Sat. in, gets out just after midnite on Sat, so spends less than 26 hours in jail, and gets the equivalent of 72 hours incarceration, let alone the fact its weekend recreation time. Then he gets out and goes racing and kills the guy that picks him up.

According to county records and court documents, Rozyskie was released from the county jail at 12:34 a.m. Nov. 2, having served his second of three weekends for a February charge of recklessly driving a car in “willful and wanton disregard for the safety of persons and property.”
Rozyskie pleaded no contest to the charge on Oct. 22, and was required to pay a $200 fine, $428 in court costs and spend 30 days in jail, with two of those already served immediately after the arrest, court records show.
But instead of requiring him to serve 30 days at once, the court granted him three weekends to satisfy the jail term, not unusual for minor offenses, officials said. Inmates arrive on Friday and are released on Sunday. Processing “weekenders,” as the inmates are called, begins at midnight.
Accounting for daylight-saving time, which set the clocks back one hour that morning, Rozyskie was again behind the wheel of a car less than three hours later, authorities said, speeding down a county road, his friend in the passenger seat.

[IonRedline08]

Wow.

I drive what my screen name is... An 06 Saturn Ion Redline. For those not in the know.. it's basically a Saturn Racecar. It has a supercharged engine, body kit, wing on the back. Looks cool, and it is really quick.

That being said, I do not race. I like it cause it is really practical, but at same time fast and cool looking.

I have never, in my life, had so many people try to race me as I have had in my two or so months here in SATX. It is unreal. Just last night, I was going to the airport to pick up my friend about 10:30pm on 410. Two guys, both driving souped up Neons, kept trying to get me to race. They would swerve in front of me, then get next to me, then speed off and repeat. This kind of thing has happened to me several times since I moved here.

[sinsativ]

Keep it smart, these guys didnt