MarcosSantiago
Well-known member
Yes. Also, there is a jury involved, so they would also have the chance to find her inoccent of the criminal charge, but guilty of dangerous driving.
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Quebec Trial - Car Stops to help ducks, Motorcycle hits car (fatality)
- Thread starter DECIMIS
- Start date
Yes. Also, there is a jury involved, so they would also have the chance to find her inoccent of the criminal charge, but guilty of dangerous driving.
The dangerous is still criminal, but carries a max of 14 years whereas crim neg carries a max of life. Not having noticed the dangerous originally, I still stand with the appropriate charge being crim neg but the punishment is severe considering the intent, as stupid as she was.
I didnt read all the posts so here is my quick take.
If only the dad died no one would give a chit. Since there is a 16 year old also involved, the case has much wider implications.
It still makes no sense unless the driver of the car literally stopped right in front of the bike without warning.
BB
If only the dad died no one would give a chit. Since there is a 16 year old also involved, the case has much wider implications.
It still makes no sense unless the driver of the car literally stopped right in front of the bike without warning.
BB
You were following too close.... and left yourself no time.
XenoVibe
Well-known member
Well she'll be eating tacos in prison..
MarcosSantiago
Well-known member
The wife on the bike behind also went down. The video on CTV news shows the two Harleys on the ground... If that gives any perspective to the accident.
Maybe easily avoidable for some. But obviously not for the dead guy.
Not really... she could have dropped it while getting off in a hurry to help..? I don't know exactly what happened... It's a crappy deal all round, but I don't think the duck herder deserves all the blame...
90% of it
MarcosSantiago
Well-known member
I'm not sure, why do you say that?
Cause the motorcycle rear-ended the car?
I don't know about the HTA, but the insurance would rule differently, like duck girl at fault even if she was rear-ended. She was parked illegally on the highway...
" If automobile “A” is illegally parked, stopped or standing when it is struck by automobile “B” and ifthe incident occurs outside a city, town or village, the driver of automobile “A” is 100 per cent at fault and the driver of automobile “B” is not at fault for the incident."
http://www.ibc.ca/en/car_insurance/documents/brochure/on-fault-determination-rules.pdf
Interesting. Thanks for digging that up.
Blkbny
Well-known member
Similar situation about 30 years ago on the 400 near Barrie.
A vehicle had stopped for some reason in one of the Northbound lanes, the City of Barrie Clerk was driving behind a vehicle that dodged the stopped vehicle at the last moment, he collided with the stopped vehicle before he could touch the brakes. Killed on impact.
Not sure of the legal proceedings outcome.
A vehicle had stopped for some reason in one of the Northbound lanes, the City of Barrie Clerk was driving behind a vehicle that dodged the stopped vehicle at the last moment, he collided with the stopped vehicle before he could touch the brakes. Killed on impact.
Not sure of the legal proceedings outcome.
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I have been in the same situation except i was geese.it takes and average of 2 seconds to from the point of recognizing a dangerous situation to apply the brakes if you are not covering the the lever,also realize that obstical avoidance dictates ta shoulder check to make sure the lane change can be accomplished in safety.Now place a car blocking the riders view add the 2 second gap rule and a woman walking around on the shoulder of the road creating a distraction and you have a perfect scenario to kill many skilled riders.
The woman who parked the car on the road is criminally negligent,the rider and passenger are dead and a mother watched her husband and child die before her eyes.Regardless of how bad the cager feels she is 100% responsible and needs to pay the price.
The woman who parked the car on the road is criminally negligent,the rider and passenger are dead and a mother watched her husband and child die before her eyes.Regardless of how bad the cager feels she is 100% responsible and needs to pay the price.
So let's change the scenario a bit, seeing that many are speculating..lol
How many would still want to hang here hide if the car had become disabled and was unable to clear the lane? Then she got out to avoid being hit in a stationary vehicle?
Was what she did smart? Not in the least, but that is why the justice system generally treats younger people differently, because they don't always possess the experience and maturity to make wise decisions. I have seen many young people kill a friend while drunk driving get a lighter sentence with the reasoni9ng being they didn't make a mature decision.
So she made a very poor decision. BUT others contributed and compounded upon it. The vehicle with the trailer had to take evasive action, (so also obviously NOT paying attention). The biker was IMHO riding beyond his ability as he couldn't avoid the vehicle. Had he been traveling slower or left more distance between him and the trailer he would have increased his reaction time. He "gestured" to the bike following him. Now I know if I gesture to a fellow rider I usually look in the mirror to see if they acknowledge it. Had he not done this "could" have he braked harder or got out of the way?? No one will ever know.
For the person who said the "training" teaches us to do a shoulder check. Well I can tell you with almost 30 years riding I wouldn't do a shoulder check in this case. Better to hit something traveling in the same direction as me than to hit a parked car, full on.
Remember if it is jury trial ALL her lawyers need to do is convince ONE juror. I can see a mistrial or deadlocked jury on this one. If they do convict ti will be a much lesser charge.
How many would still want to hang here hide if the car had become disabled and was unable to clear the lane? Then she got out to avoid being hit in a stationary vehicle?
Was what she did smart? Not in the least, but that is why the justice system generally treats younger people differently, because they don't always possess the experience and maturity to make wise decisions. I have seen many young people kill a friend while drunk driving get a lighter sentence with the reasoni9ng being they didn't make a mature decision.
So she made a very poor decision. BUT others contributed and compounded upon it. The vehicle with the trailer had to take evasive action, (so also obviously NOT paying attention). The biker was IMHO riding beyond his ability as he couldn't avoid the vehicle. Had he been traveling slower or left more distance between him and the trailer he would have increased his reaction time. He "gestured" to the bike following him. Now I know if I gesture to a fellow rider I usually look in the mirror to see if they acknowledge it. Had he not done this "could" have he braked harder or got out of the way?? No one will ever know.
For the person who said the "training" teaches us to do a shoulder check. Well I can tell you with almost 30 years riding I wouldn't do a shoulder check in this case. Better to hit something traveling in the same direction as me than to hit a parked car, full on.
Remember if it is jury trial ALL her lawyers need to do is convince ONE juror. I can see a mistrial or deadlocked jury on this one. If they do convict ti will be a much lesser charge.
Well that wouldn't be a negligent decision, would it? That would be a non-preventable situation.
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lol... I didn't even think of that.
I'd rather chance the unchecked lane change vs. slamming into the back of a stopped car. Infact, I'm pretty sure I wouldn't even go for the brakes in that situatin and would concentrate on getting around it. Bike is what... 2 ft wide, even if there was a car next to it, it may not even have to move for the bke to have the room needed... regardless, better to side swipe a car than run into the back of one dead stopped in front of you.
And don't forget.. right before the Mother watched her husband and child die.. she watched her husband gesturing to the girl... instead of riding the bike!?
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