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Old 10-10-2013, 11:29 AM
 
12,973 posts, read 15,798,868 times
Reputation: 5478

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Quote:
Originally Posted by Forest_Hills_Daddy View Post
RR driver will not be civilly liable if he can prove that the fear for his life caused him to drive away. That should be very very easy for the driver to prove. The best that Jay Mieses can hope for is that he could escape harsh penalties.

Gang-related charges will be hard to prove anyway. Investigators will have to dig deep to prove that all who attacked the SUV were part of a gang. But they are on the hook for serious individual charges.
Nope. That may very well protect him from criminal charges but it in no way limits his civil liability. You do not get a pass for being scared even if you have a right to be so...

 
Old 10-10-2013, 11:33 AM
 
Location: Between the Bays
10,786 posts, read 11,312,562 times
Reputation: 5272
Quote:
Originally Posted by DSNY...DirtyStayOut View Post
The road is not your personal playground where you menace innocent drivers. Mr Lien is guilty of nothing but survival and self preservation, a God given right that no law can infringe upon.
That's why as young kids, we are advised not to play in traffic. Some didn't get the memo.

If I was Lien, I'd probably reverse first to make sure I took some of them out behind me, and then floor it as more gather in front of me. Just to make sure that there were less of them to try to chase me down. With my kid in the car, I'd take them all out if I could.
 
Old 10-10-2013, 11:36 AM
 
Location: Between the Bays
10,786 posts, read 11,312,562 times
Reputation: 5272
Quote:
Originally Posted by lvoc View Post
Nope. That may very well protect him from criminal charges but it in no way limits his civil liability. You do not get a pass for being scared even if you have a right to be so...
Are you allowed to wander around on lanes of highways on foot?
 
Old 10-10-2013, 11:38 AM
 
12,973 posts, read 15,798,868 times
Reputation: 5478
Quote:
Originally Posted by G-Dale View Post
Are you allowed to wander around on lanes of highways on foot?
Yes
 
Old 10-10-2013, 11:39 AM
 
Location: NYC
20,550 posts, read 17,697,355 times
Reputation: 25616
Quote:
Originally Posted by G-Dale View Post
That's why as young kids, we are advised not to play in traffic. Some didn't get the memo.

If I was Lien, I'd probably reverse first to make sure I took some of them out behind me, and then floor it as more gather in front of me. Just to make sure that there were less of them to try to chase me down. With my kid in the car, I'd take them all out if I could.
Well, some parents teaches their kids to walk the crosswalk and their safe as long as it says Walk. I teach my kids regardless whether you have the right way or not. Always look where you're going and if a car is not slowing down, take a step back and wait. They don't have to stop for you and you only have one life.
 
Old 10-10-2013, 11:51 AM
 
Location: alexandria, VA
16,352 posts, read 8,092,773 times
Reputation: 9726
Anyone who thinks that the biker who got run over was just trying to be a good samaritan I've got a bridge you might be interested in buying.
 
Old 10-10-2013, 11:53 AM
 
121 posts, read 142,752 times
Reputation: 82
The bikers who started hitting the car are responsible for their friend getting run over.
 
Old 10-10-2013, 11:54 AM
 
12,973 posts, read 15,798,868 times
Reputation: 5478
Quote:
Originally Posted by r small View Post
Anyone who thinks that the biker who got run over was just trying to be a good samaritan I've got a bridge you might be interested in buying.
OK you do not believe him. But what if he proves it in court?
 
Old 10-10-2013, 11:55 AM
 
12,973 posts, read 15,798,868 times
Reputation: 5478
Quote:
Originally Posted by JPeterman View Post
The bikers who started hitting the car are responsible for their friend getting run over.
Likely true. And they have liability. Under what theory does that remove liability from the RR driver?

And that anyone was a "friend" is not in evidence at this point.
 
Old 10-10-2013, 11:58 AM
 
500 posts, read 571,724 times
Reputation: 691
Quote:
Originally Posted by DSNY...DirtyStayOut View Post
Mr Lien is guilty of nothing but survival and self preservation, a God given right that no law can infringe upon.
Amen to that. I hope any jury can see this is really what it's about.
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