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Motorcycle Fatality - A family needs help.

18169 Views 108 Replies 37 Participants Last post by  MikeM132
I suggest you contact the AMA (American Motorcyclist Association) - they have brought the issue of lack of concern on the part of the police to motorcycle fatalities to legislatures across the country - they also have a legal department - I'm not sure about investigations, but if they don't handle that then they could probably point you in the right direction.
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The photo that's now posted actually sheds a completely different light on this, since it appears that the collision occurred on the shoulder of the road and not in the far right lane, as first indicated . Maybe it's a matter of regional terminology, but around here we think of the "far right lane" as referring to a the far right travel lane.

If the rider was stopped on the shoulder and rear-ended, I would think that it's worth consulting a lawyer at this point to determine if a lawsuit is appropriate. As was mentioned earlier, civil liability is not dependent on the driver receiving a traffic ticket or being convicted--it's an entirely separate determination.

If, however, an insurance settlement has already been accepted by the survivors, it's likely that the right to bring a lawsuit has been waived.
Re: Contact these people Kim

Gimme a minute, Kpaul, just woke up, gotta have some coffee... ... ... ... Sorry! Outa the loop yesterday, so I missed the symposium...Hmmm...Good point! Okay, I'm going back to bed.
Glad you finally see it my way "Esquire"

For someone that claims to be a lawyer you seem to be making some contradictory statements.

"While I'm a lawyer myself, I'd respectfully disagree with your advice. Assuming that the original post is not a hoax (and, again, I reiterate my concern that it's a front page MO story that hasn't been verified in any way), I think it's totally unacceptable to file a wrongful death suit against the driver in the absence of some evidence of wrongdoing on his part. Undoubtedly some lawyer will be willing to do it, but imagine, if you will, the pain and anxiet that you'd be inflicting on someone who--as far as we can tell by what we know--did nothing wrong"

Yea right you are lawyer I think your are a BSer that writes better than me.....

Exhibit 1:

"As was mentioned earlier, civil liability is not dependent on the driver receiving a traffic ticket or being convicted--it's an entirely separate determination."

Who said that I did.
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Re: U are a classic nut

Funny I thought it was you that had the site "Porn for Polygamist pedophiles "It's a slippery slope what you are playing keep playing it and you will see the long arm of the law at your door. Note the self-proclaimed "Esquire" agrees with my advice now.....

Anyone who is into child porn needs to be used for target practice. You are going to new depths seruzawa to suggest that I have anything to do with it....My wife says its probably you that is into it.
Tough crowd!
Re: KBucket

If you look you'll see that Kshythead is back into his repeating posts mode.
Re: U are a classic nut

KPail

KBucket

KBucketofshyt

KWoodyAllen

It's difficult to come up with a name that could describe someone as evil as you.

[email protected] will probably have to do.
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"The photo that's now posted actually sheds a completely different light on this, since it appears that the collision occurred on the shoulder of the road and not in the far right lane, as first indicated".



I don't think you are thinking this all the way through. Let's assume for a second the witnesses in the newspaper story are correct and the collision occurred in the slow lane of I-20. The photo only shows where the truck stopped, it says nothing about which lane the collision occurred in. It is not only possible but probable that the driver of the truck tried to get off the road after the collision. If the impact occurred in the slow lane you would have to believe there would be evidence of that, like a long road gouge as the bike was pushed forward under the front of the truck, and the same would be true if the impact occurred on the shoulder, but we don't have that evidence, either way, we do have witnesses though. Witnesses at the scene, according to the St. Clair Times, say the bike was sitting in the far right lane with it's lights off. I see nothing in the photo that contradicts that.

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parking lights

If I am pulled completely off the road and visibility is bad, I turn all my lights off. My thinking is that when visibility is bad the traffice behind you wants to follow your tail lights, even if it takes them onto the shoulder where you are stopped.
Good point. Also, you have to factor in the estimated distance the victim was thrown from the motorcycle, and the difference in speed that would have had to be, to achieve such a merger of F150 and Harley. I do not know that highway in any way shape or form, but I'm assuming that the speed limit is at least 55, and for a truck to cause that much carnage on a bike moving 55, if at all, it would have been moving well above the speed limit, possibly even an impossible speed for a Ford F150. Therefore, you almost have to deduce by sheer logic, based on the (available) facts of the accident, that the bike was sitting still. I'm not a lawyer, but I play one on MO. Or maybe I just watch too much CSI. ;-)



I'm also aware that it would be possible to wad a bike up under a truck in a rearend collision on the highway by the bike collapsing and dragging under the truck upon impact, but you cannot produce that result "AND" send a grown man flying 500 feet through the air at the same time.
I'd like to hear Sportbikepilot's assessment of the kinetic energy necessary to launch an adult male 500 ft from a standstill. The 500 ft distance seems more plausible if the motorcycle was traveling at 60 mph when the accident occurred. VWW
Iceworm--

You're absolutely right. The photo doesn't tell all, but it at least raises the possibility that it occurred on the shoulder. Where the rider was stopped--in a traffic lane or on the shoulder--would make all the difference in the world.



Kpaul--

Darn, you figured it out. Just don't tell anyone--I've been able to maintain the lawyer hoax for 22 years.



And don't slam your own writing--it's actually very good. You just need to get in touch with your inner self and resolve those emotional issues . . . .
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Re: U are a classic nut

I'm surprised you didn't have your wife do this latest reponse, KGirlieman.
Physics for dummies

Why don't you figure it out yourself? http://science.howstuffworks.com/physical-science-channel.htm I couild do it for you but you wouldn't believe me... It's a freshman physics problem . Make sure to consider the parallex error (snicker) (snicker)
Re: Physics for dummies

Make sure to consider the parallex error
Why don't you run through the calculations for the rest of us? Also, I'd be interested in knowing how you believe parallax error factors into this and how you'd compensate for that in your analysis.

Thanks in advance for helping us out with this.
Re: Law for lawyer impersonators (BMW4play) and idiots.

Are you sharing your wife or your wives? Wifes is not a word.
Re: Physics for dummies

Pay no attention to this dolt boomgarden. Sportbikepilot is a professor of physics, and understands that there are more variables to calculating how far a body would be thrown than the simple equation that idiot boy would get from what ever physics primer he would consult before posting an analysis. You are apparently new to this site, and haven’t yet learned to ignore this pesky trollbot. VWW
Re: Law for lawyer impersonators (BMW4play) and idiots.

wife's as in possesive pronoun I think
Re: Physics for dummies

Those who can do Those who can't teach. About the parallelex affect I was being sarcastic the mentioned professor er instructor rather of physics supported a dubious argument (parallex) put forth by the MO editor in an earlier agrument.

The Physics department is the minor league of the Engineering College at any university.
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