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Obviously you are totally convinced, but no the camera does not literally show the biker doing anything like repeatedly kicking, it shows him kicking just once. I can believe he kicked and then a few moments later kicked again. Firstly a series of multiple kicks like you seem to imply would be extremely physically difficult, secondly I think if there had that many kicks they would have been caught on video. Dude pretty much whipped his camera out as soon as he realized this was getting ugly so I think if there had been all this kicking like you claim he would have caught at least some of it (more than one) on video. Yep, biker was stupid to escalate, motorist was even more stupid and bears responsibility for the way s/he handled it.
Why do I have to keep explaining what the person who shot the video said? Why don't you just go read it for yourself? I've posted the link 3 times already. You're asking why we don't see the other kicks on the video. The witness who shot the video said, VERY CLEARLY, that he started recording AFTER the initial collision and AFTER the biker 'started kicking' the car.
Why do I have to keep explaining what the person who shot the video said? Why don't you just go read it for yourself? I've posted the link 3 times already. You're asking why we don't see the other kicks on the video. The witness who shot the video said, VERY CLEARLY, that he started recording AFTER the initial collision and AFTER the biker 'started kicking' the car.
who cares what the video shooter says, are they suppose to be some sort of crash expert? their opinion doesn't carry some kind of ultimate jurisdiction
who cares what the video shooter says, are they suppose to be some sort of crash expert? their opinion doesn't carry some kind of ultimate jurisdiction
Uh...He's a witness to what actually happened. So, the police would care. The prosecutor would care. The judge would care. The jury would care. Basically everybody who isn't you would care.
And he's not giving 'expert' testimony, he's simply stating what he saw evolve over the course of the incident.
If more people would simply read the article, there wouldn't be so much false information floating around. Go and read back through the thread and see how many times false information needed to be corrected. One person said the driver was entering the HOV and trying to run the biker off the road. Which isn't what happened. The guy whose comment I was replying to when you chimed in said that he just doesn't believe that the biker could repeatedly kick the car going down the highway, despite the fact that that's EXACTLY what you see him doing in the video, and the fact that the witness who shot the video said that's what happened.
But you seem to not even care what the witness said actually happened. I guess you have some other special means of determining the the facts of the case that our justice system hasn't caught on to yet. /s
Uh...He's a witness to what actually happened. So, the police would care. The prosecutor would care. The judge would care. The jury would care. Basically everybody who isn't you would care.
And he's not giving 'expert' testimony, he's simply stating what he saw evolve over the course of the incident.
If more people would simply read the article, there wouldn't be so much false information floating around. Go and read back through the thread and see how many times false information needed to be corrected. One person said the driver was entering the HOV and trying to run the biker off the road. Which isn't what happened. The guy whose comment I was replying to when you chimed in said that he just doesn't believe that the biker could repeatedly kick the car going down the highway, despite the fact that that's EXACTLY what you see him doing in the video, and the fact that the witness who shot the video said that's what happened.
But you seem to not even care what the witness said actually happened. I guess you have some other special means of determining the the facts of the case that our justice system hasn't caught on to yet. /s
You are correct, it's crazy to ignore the accounts of the witness. He was there, we were not, so as you said a lot of the posts here are simply not supported by the evidence.
My initial response was the rider started it with the kick but clearly there was something that happened right before. To me the driver bears a lot of responsibility after reading the accounts. He cut off the rider, the words exchanged apparently did not include 'I'm sorry" and finally he cut into the rider in anger. He could have killed the rider twice with his actions.
Last edited by DaveinMtAiry; 07-08-2017 at 07:17 AM..
What I said is that the driver, as he was being distracted by the crazy biker kicking his car repeatedly, may have lost control because his eyes were not on the road do to the biker's actions. And when a jury is judging whether this is a plausible and reasonable argument, they will be asked to put themselves in the driver's shoes and to gauge how they would react to having some biker riding around their car kicking it repeatedly, and whether it's possible that the driver lost control because of this. And I don't see how anyone who has driven a car for any reasonable amount of time hasn't experienced drifting because of not having their eyes on the road.
You are just completely delusional if you think that this was some kind of accident.
Your point is totally absurd that this is about drifting, distraction etc etc. Anybody can see clearly from the video that the motorist deliberately that the car tried to hit the motorcyclist. Just because you are some kind of cheerleader this motorist doesn't change the facts.
You are correct, it's crazy to ignore the accounts of the witness. He was there, we were not, so as you said a lot of the posts here are simply not supported by the evidence.
My initial response was the rider started it with the kick but clearly there was something that happened right before. To me the driver bears a lot of responsibility after reading the accounts. He cut off the rider, the words exchanged apparently did not include 'I'm sorry" and finally he cut into the rider in anger. He could have killed the rider twice with his actions.
But he didn't cut off the rider. The driver was in the lane in front of the biker. The biker was riding along the yellow line and tried to pass the driver in the lane on the driver's right. The driver was trying to exit the HOV lane when the initial accident occurred. To me, that sounds like both were at fault, but more so the biker because he could have changed lanes if he wanted to pass the car, instead of trying to pass him in the lane or along the yellow line.
And before what you see on the video (whether you think the driver intentionally swerved into the biker or he lost control after being distracted by the biker), the biker was the one who escalated the situation. No one was hurt in the initial collision. And the witness said it was clear that the driver did not see the biker riding along the yellow line. So it was a run of the mill unintentional collision. The kind that happens everyday in this country. It could, and should, have been left at that. We've all had close calls driving. But the biker went crazy and, according to the witness who shot the video, started kicking the car on the passenger side before going to the driver side and kicking the car again. Who in their right mind does that? If the biker hadn't escalated the situation, we're not even having this discussion. That's my point in this whole thing. People are saying the driver should 'have the book thrown at him' while completely ignoring that, absent the biker's road rage, this whole thing doesn't play out the way it did.
Quote:
Originally Posted by jdm2008
You are just completely delusional if you think that this was some kind of accident.
Your point is totally absurd that this is about drifting, distraction etc etc. Anybody can see clearly from the video that the motorist deliberately that the car tried to hit the motorcyclist. Just because you are some kind of cheerleader this motorist doesn't change the facts.
Which is, again, why I say you would make a terrible juror and they would almost certainly dismiss you out of hand. You've made up your mind and are absolutely unwilling to even consider anything other than your own opinion based on a partial view of what happened during the exchange between the biker and the driver.
Not only that, your 'facts' aren't even based in reality. Just a few posts ago, and after two weeks of having the ability to read the facts for yourself, you claimed that the driver moved his car into the lane with the biker. Which proves that you didn't even bother to get your 'facts' straight. And as I said earlier, if you can't even be bothered to get the actual facts straight, why are you bothering to comment?
But he didn't cut off the rider. The driver was in the lane in front of the biker. The biker was riding along the yellow line and tried to pass the driver in the lane on the driver's right. The driver was trying to exit the HOV lane when the initial accident occurred. To me, that sounds like both were at fault, but more so the biker because he could have changed lanes if he wanted to pass the car, instead of trying to pass him in the lane or along the yellow line.
And before what you see on the video (whether you think the driver intentionally swerved into the biker or he lost control after being distracted by the biker), the biker was the one who escalated the situation. No one was hurt in the initial collision. And the witness said it was clear that the driver did not see the biker riding along the yellow line. So it was a run of the mill unintentional collision. The kind that happens everyday in this country. It could, and should, have been left at that. We've all had close calls driving. But the biker went crazy and, according to the witness who shot the video, started kicking the car on the passenger side before going to the driver side and kicking the car again. Who in their right mind does that? If the biker hadn't escalated the situation, we're not even having this discussion. That's my point in this whole thing. People are saying the driver should 'have the book thrown at him' while completely ignoring that, absent the biker's road rage, this whole thing doesn't play out the way it did.
Which is, again, why I say you would make a terrible juror and they would almost certainly dismiss you out of hand. You've made up your mind and are absolutely unwilling to even consider anything other than your own opinion based on a partial view of what happened during the exchange between the biker and the driver.
Not only that, your 'facts' aren't even based in reality. Just a few posts ago, and after two weeks of having the ability to read the facts for yourself, you claimed that the driver moved his car into the lane with the biker. Which proves that you didn't even bother to get your 'facts' straight. And as I said earlier, if you can't even be bothered to get the actual facts straight, why are you bothering to comment?
OK. The biker should have charges pressed against him.
Unfortunately the biker isn't going to be found.
So....that leaves the driver of the car.
What do you think should happen?
I'll start..... it should be attempted murder charges.
Which is, again, why I say you would make a terrible juror and they would almost certainly dismiss you out of hand.
Your not picking a jury and nobody cares on what you think of my potential as a juror. Nobody cares. Sorry.
Quote:
Originally Posted by anonimuso
Not only that, your 'facts' aren't even based in reality. Just a few posts ago, and after two weeks of having the ability to read the facts for yourself, you claimed that the driver moved his car into the lane with the biker. Which proves that you didn't even bother to get your 'facts' straight. And as I said earlier, if you can't even be bothered to get the actual facts straight, why are you bothering to comment?
5:14. The car crossed the double lines and then the motorcycle kicked the car.
Who are you to tell on what I can comment on and what I can't. Sorry there no law that says people are not allowed counter your completely delusional opinions about the actions of the people who are involved in this accident, when their actions are crystal clear from watching the video.
OK. The biker should have charges pressed against him.
Unfortunately the biker isn't going to be found.
So....that leaves the driver of the car.
What do you think should happen?
I'll start..... it should be attempted murder charges.
There won't be any 'attempted murder' charges against the driver. Attempted murder is a very serious charge and requires actual evidence that the person intended to kill someone. As I have clearly laid out in previous posts, there is no shred of evidence that the driver of the car attempted to kill the biker. All you see in the video is the car losing control. That, in and of itself, is not evidence of attempted murder. You would need both the intent to kill the biker AND the intent to do the physical action. How do you prove that the driver intentionally swerved when the everything in the video happens so quickly? How do you prove that he intended to kill the biker? Remember, the prosecutor is the one who has to prove that, the driver doesn't have to prove anything. And neither of those a prosecutor would likely be able to prove beyond a reasonable doubt just from what you see in the video.
If anything, the driver would be facing a careless driving charge. He initially, according to the witness who shot the video, made contact with the biker as the biker was trying to pass him while riding along the yellow lines and the driver was trying to exit the HOV lane. The witness said “I’m sure he [the driver] didn’t see the motorcyclist", but still, you're required to be aware of all things around you. The reason it doesn't rise to the level of reckless driving, which is more serious, is that that charge requires a higher mental state of 'ignoring the risk' that what you are doing is likely to result in some danger to some other person. And then you face the same problem as trying to charge the driver with attempted murder. How do you prove the mental state exists without additional evidence?
Quote:
Originally Posted by rbwpi
The biker won't be found, the driver won't be charged.
We'll see. Finding hit and run drivers is never easy, but the police have their methods. The driver may be charged with some minor moving violations. It depends on what people say happened with the initial accident. According to the witness who shot the video, it was just a regular accident though.
Quote:
Originally Posted by jdm2008
Your not picking a jury and nobody cares on what you think of my potential as a juror. Nobody cares. Sorry.
5:14. The car crossed the double lines and then the motorcycle kicked the car.
Who are you to tell on what I can comment on and what I can't. Sorry there no law that says people are not allowed counter your completely delusional opinions about the actions of the people who are involved in this accident, when their actions are crystal clear from watching the video.
"Nobody cares". Yeah, that seems to be your mantra. Nobody cares about the witness' statements, nobody cares about whether you have the mental capacity to actually carry out your civic duty, nobody cares about the facts, nobody cares about the law. Nobody cares.
It's a wonder, then, that you spend so much time spouting nonsense on this topic while keeping your mind as closed as possible. I guess you're one of the few who do care. Ironic, isn't it?
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My Prediction
