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Um yes. Do you really believe that if the biker had not bashed in the side of the car with his foot, the car would have still suddenly swerved into the wall, and then crashed into the pickup for no apparent reason?
He did not bash in the side of his car with his foot. That's ridiculous. At most, there would have been a thud, similar to hitting a pot hole.
"But for" the motorcyclist kicking the car the subsequent chain of events would not have occurred. The only unresolved issue at this time, were the actions of the Nissan driver negligence or criminal? If criminal, I think the motorcyclist would be absolved of any responsibility. If negligence, I don't know.
Kicking the car door did not mechanistically lead to the accident.
The car's out of control swerve may have been provoked by the kick, but the swerve was a conscious decision on the part of the car's driver, not a physical reaction to the kick.
Thus, the kick and the swerve are two separate events.
If I and another person are standing at the edge of a cliff and I tap the other person on the shoulder, and he, perturbed by my interruption, swings his fist at me causing him to go off balance and tumble down the cliff, no one in their right mind would accuse me of pushing him of the cliff or somehow linking my shoulder tap to his arm swing.
"But for" the motorcyclist kicking the car the subsequent chain of events would not have occurred. The only unresolved issue at this time, were the actions of the Nissan driver negligence or criminal? If criminal, I think the motorcyclist would be absolved of any responsibility. If negligence, I don't know.
"but for" whatever happened beforehand to make the motorcyclist angry enough to kick the car..... the chain of events would not have happened? I really doubt anyone will be able to trace the accident to the first action that set of the chain, except possibly the guy who witnessed the entire thing and managed to videotape the end of it.
PS. I'm fairly certain that people 'driving where their eyes are' drift towards whatever they are looking at, not swerve into it as though they are making a 90 degree turn.
Most people still commenting have missed the post on page #3 where I posted the person who shot the video explaining what happened before he started recording. Since I can't edit the first post anymore, I will repost it to give some more context to what happened.
Now, the man who videotaped the automotive spectacle is speaking out about who appeared to be at fault.
In an interview with The Times on Friday, Chris Traber, 47, of Santa Clarita, said both men appeared to play a role in the harrowing incident.
It was about 5:45 a.m. Wednesday when Traber was in the passenger seat of his coworker’s car as they drove to work at a utility company in Burbank. They were headed southbound on the 14 Freeway, and driving in the No. 1 lane, when the man on a Harley Davidson-type motorcycle passed them on the left, riding close to the double-yellow lines that separate the general traffic lanes from the HOV lanes.
About 150 feet ahead was a Nissan sedan driving in the HOV lane, Traber said. Just as the motorcyclist was passing the sedan on the right-hand side, the sedan tried to exit the carpool lane and enter the No. 1 lane. That’s when the car bumped the bike.
“I’m sure he didn’t see the motorcyclist,” Traber said of the driver. “He scared the living daylights out of the motorcyclist. He almost went down. That guy can really handle his bike.”
Traber said that after the motorcyclist regained control, he pulled up to the car’s passenger door and began gesturing at the driver. Traber said he appeared to be saying something too, but Traber couldn’t hear him. He said he figured the biker was “saying something like, hey, you almost hit me! Watch out!”
Traber said it looked as though the driver was yelling something back at the biker, and that it didn’t help matters, because that’s when the motorcyclist started kicking the passenger door.
“I said, ‘Wow, man, something’s going to happen. I gotta get this,’” Traber said. “So I grab my phone and started recording.”
The motorcyclist then swooped behind the sedan, pulled up along the driver side and kicked the car again, Traber said. In a flash, the driver of the sedan swerved hard left and sideswiped the motorcyclist, almost sending him barreling into a concrete freeway divider, he said.
“As you can see, he lost control after doing that,” Traber said of the driver.
Most people still commenting have missed the post on page #3 where I posted the person who shot the video explaining what happened before he started recording. Since I can't edit the first post anymore, I will repost it to give some more context to what happened.
You guys are all overreacting to this. Let me break it down for you with a different example. Let's say we have 2 people. Person A and Person B. Person B shoves Person A, so Person A kicks Person B and then walks away. Person B has a gun and pulls it out, shooting at Person A but missing and hitting another innocent bystander, Person C. Person C is severally injured.
So in my example, Person A is the motorcycle, Person B is the car driver and Person C is the suv driver that rolls over. Nobody in their right mind would blame person A for Person C getting shot. It was all the action of Person B.
You guys are all overreacting to this. Let me break it down for you with a different example. Let's say we have 2 people. Person A and Person B. Person B shoves Person A, so Person A kicks Person B and then walks away. Person B has a gun and pulls it out, shooting at Person A but missing and hitting another innocent bystander, Person C. Person C is severally injured.
So in my example, Person A is the motorcycle, Person B is the car driver and Person C is the suv driver that rolls over. Nobody in their right mind would blame person A for Person C getting shot. It was all the action of Person B.
That's literally the worst possible analogy.
In you hypothetical, person A walks away after the initial confrontation. In the actual series of events, and according to the person who shot the video, person A didn't walk away. He repeatedly kicked the car on the passenger side and then went to the driver side and continued kicking the car.
A more correct analogy would be if person A repeatedly kicked person B and while he was being kicked, person B pulled out a gun and tried to shoot person A but missed. In that case, person B would be defending himself.
It's a form of natural selection or social darwinism. The weak are selected. In this example, the motorcyclist nearly got himself killed because he is a moron. The driver of the car actually responds to the tool on the motorcycle and nearly kills him. This same scenario is witnessed in bars, stadiums etc. There is always the meat head instigator and then the fool who feels he has to fight back.
I run into road rage drivers routinely. Guess what, I switch lanes and let them pass me or flip me off. I don't lose anything. I'm the one driving the 120K car. I don't need to flip him off, my car is doing it for me
Or... your car is worth more than these morons and whatever they might ever own in their whole miserable unsuccessful lives. Hence it's not worth risking your car for such a bad trade off. Either way. Your attitude is right on. I hate trashy drivers arseholes.......
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