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That would certainly change the nature of the event for the motorcyclist. Such an action was not mentioned in any of the news reports. Not quite sure how one pulls that off riding a bike at speed.
The actual accident however is arguably the fault of the motorist in attempting to hit the motorcyclist. It appears reasonably clear the motorcyclist escaped damage by braking hard otherwise he would have been killed when the vehicle hit the center divider.
Did the motorcyclist leave the scene of an accident? Certainly arguable both ways. But if the car never touched him, as seems the case, he becomes a witness not a participant.
I would think he could be charged with assault or vandalism for the kick. That should clearly stick.
Kicking the car was the beginning of the accident, so the biker most certainly fled the scene of an accident. You can't intentionally kick a car and then act like you were just an innocent party to everything that happened afterwards. The biker in this case is 100% at fault, if they hadn't kicked the car the accident would not have occurred.
What is it about bikers that think they have the right to kick and punch vehicles if they don't like the way people are driving? If a motorcycle cuts off a person in a car should they be allowed to assault them to show their displeasure?
Saw this on the TV news yesterday. Whatever really happened between the guy driving the small car and the motorcyclist that started off this chain of events, I feel sorry for the guy driving the pickup truck who got caught up in this whole mess just because he was in the wrong place at the wrong time.
Thankfully the pickup truck driver wasn't seriously injured and will be OK. Apparently he had survived cancer before and now escaped without any major harm from this accident. A newscaster said that he should probably go out a buy a lottery ticket.
Last edited by manyroads; 06-23-2017 at 11:24 AM..
If I was the guy in the white truck, I'd sue both the motorcyclist and car driver for my injuries and damage to property.
Poor guy was just driving along minding his own damn business and almost killed.
7
I live in Southern CA and that man was interviewed on the news. He is 75 years old and has survived cancer and a heart attack and now this. Other than some cuts on his head he is fine. The newscaster said he should play the lottery. Hard to believe when you look at the footage.
Kicking the car was the beginning of the accident, so the biker most certainly fled the scene of an accident. You can't intentionally kick a car and then act like you were just an innocent party to everything that happened afterwards. The biker in this case is 100% at fault, if they hadn't kicked the car the accident would not have occurred.
What is it about bikers that think they have the right to kick and punch vehicles if they don't like the way people are driving? If a motorcycle cuts off a person in a car should they be allowed to assault them to show their displeasure?
Again there is a chain of events that lead to the accident that started before the kick. That is why the accident was filmed. And it was apparently a phone not a dash cam.
But the actual events that lead to the crash starts when the car driver appears to try to sideswipe the motorcycle. And he does not appear to have touched it. So there are a string of events that occurred some of which may violate statute. But the actual accident begins with the sideswipe attempt...not the kick...or at least that is what the defense lawyer will argue.
My question is why does the person with the dash cam not have it recording all the time? Why did he have to press record when he anticipated something happening? For the most part this defeats the purpose of a dash cam if you have to press record.
The video reporter said the guy started recording with his phone.
I tend to think that someone driving a 2,000 lb vehicle needs to be more careful. Are you suggesting one kick from a motorcyclist was so powerful it caused the accident? I say it's at least 50/50 in terms of fault. I don't ride a motorcycle but I have been on a bicycle. Cars are our worst enemy. If a car tried to run me over on a bike, you bet I would hit the door with a bike lock, car keys or my foot.
Should read: "Darwin award contestants take out innocent pickup truck".
From where I'm sitting, the driver was probably only "startled" after they exceeded the limits of their heavily front weight biased vehicle's traction (and soon thereafter the limits of their driving ability), by voluntarily swerving violently at the biker, then getting more than they expected in return. I bet that jersey barrier hit was a memorable one!
So basically 2 losers effectively took out an innocent pickup truck. One of the losers lost bigger. The biker is a real genius too; taking on a car when wedged between a barrier and the car.
It appears to me that both contributed to this accident. I'm wondering why the cyclist kicked that car in the first place.
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