Hit by truck, bicyclist killed ("I didn't see her")
09-23-05, 10:43 AM
#26
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Originally Posted by jdtschida
To those of you ready to lynch the driver:
Maybe he really didn't see her... seriously. Try placing yourself in the drivers shoes, what if you honestly didn't see someone that you accidentally killed?
Maybe he really didn't see her... seriously. Try placing yourself in the drivers shoes, what if you honestly didn't see someone that you accidentally killed?
The first two issues are more likely, and happen often... far too often. Drivers fail to actually look or really ensure that the way is clear and collisions then occur.
"Cyclists magically appearing out of thin air" is a rare event usually accompanied by fanfare of music and a puff of smoke.
09-23-05, 10:54 AM
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Originally Posted by mirona
The man probably knew he was at fault because of his distraught state.
I remember being very disturbed to see someone else hit a dog with their car... I would probably be distraught to see someone else kill a cyclist regardless of who was at fault... and it would be the same if I was the driver, regardless of whether I could have prevented it or not.
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09-23-05, 10:55 AM
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O the poor, poor driver. And to those that claim the "not seeing her" is some kind of defense, I (and my lawer) disagree. Admitting that you "did not see them" is admitting guilt. Driving a motor vehicle is assuming the responsability of operating it safely. No excusis.
09-23-05, 10:58 AM
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Originally Posted by TMX
Every time something like this gets posted, a number of people make the same two assumptions:
a) the motorist is an idiot and should be brought up on charges
b) the cyclist couldn't possibly have done anything wrong
While it's always sad when a cyclist gets killed, there is nothing in the story as posted that supports either of the above assumptions. I realize that the anti-car sentiment runs deep in the advocacy forum, but I fail to see the benefit in letting a personal bias get in the way of any objectivity one might otherwise have. Just because someone rides a bike does not make them perfect. Cyclists are people, and are therefore just as capable of screwing up as anyone else - even motorists.
-B
a) the motorist is an idiot and should be brought up on charges
b) the cyclist couldn't possibly have done anything wrong
While it's always sad when a cyclist gets killed, there is nothing in the story as posted that supports either of the above assumptions. I realize that the anti-car sentiment runs deep in the advocacy forum, but I fail to see the benefit in letting a personal bias get in the way of any objectivity one might otherwise have. Just because someone rides a bike does not make them perfect. Cyclists are people, and are therefore just as capable of screwing up as anyone else - even motorists.
-B
09-23-05, 10:59 AM
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[QUOTE=jdtschidaTry placing yourself in the drivers shoes, what if you honestly didn't see someone that you accidentally killed?[/QUOTE]
I don't know the circumstance of this particular collision, but in my experience armored car drivers drive (and walk) like nobody else is around. Fer instance, an armored car driver carrying a bag of money stepped off the curb right into me -- not in front of me, but into me --- as I rode my bike in a strip mall parking lot. I should've called the police on him for battery.
RFM
I don't know the circumstance of this particular collision, but in my experience armored car drivers drive (and walk) like nobody else is around. Fer instance, an armored car driver carrying a bag of money stepped off the curb right into me -- not in front of me, but into me --- as I rode my bike in a strip mall parking lot. I should've called the police on him for battery.
RFM
09-23-05, 11:31 AM
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Originally Posted by linux_author
- poor landscaping, bad landscape architecture, and a ******** physical geography have been combined by the shopping center designer/owner to create a perfect recipe for pedestrian, cyclists, handicapped, and vehicular accidents...
- hell yes, there is culpability if views are blocked or impeded by structure, etc.
- hell yes, there is culpability if views are blocked or impeded by structure, etc.
Sorry, but no excuse there. If a driver can't see properly s/he sould slow down. A very basic driving rule!
I certainly dont hold with the cyclist=good, driver=evil idea. I'm both!
09-23-05, 11:38 AM
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At least the guy didn't just drive off, like the ex-policeman who rear-ended a cyclist on a clear, straight road near here. She was injured for life, he just got £1000 ($1500) fine and a two year ban IIRR. Justice? Well, 'it was only an accident'. As someone said, after a couple of beers he'd have been in jail; sober, it couldn't possibly be all his fault.
09-23-05, 03:19 PM
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How many of you that automatically blaim the driver use your cell phones while driving? I would bet a couple of you who are making claims of the driver obviously not paying attention and such are guilty of talking on the cell and driving.
There are alot of unknowns with what was told in the story, yes the driver may have been at fault, but she may have done something incorrect too.
There are alot of unknowns with what was told in the story, yes the driver may have been at fault, but she may have done something incorrect too.
09-23-05, 05:38 PM
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also i'd like to point out she was wearing a helmet. adds to the debate, when you get hit by a 26k pound truck, a helmet means sh1t
09-23-05, 05:52 PM
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Originally Posted by scarry
O the poor, poor driver. And to those that claim the "not seeing her" is some kind of defense, I (and my lawer) disagree. Admitting that you "did not see them" is admitting guilt. Driving a motor vehicle is assuming the responsability of operating it safely. No excusis.
Oh, wait, it's Scarry. Your bias is well know, so we can disregard any comment you bring to the table.
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This is Africa, 1943. War spits out its violence overhead and the sandy graveyard swallows it up. Her name is King Nine, B-25, medium bomber, Twelfth Air Force. On a hot, still morning she took off from Tunisia to bomb the southern tip of Italy. An errant piece of flak tore a hole in a wing tank and, like a wounded bird, this is where she landed, not to return on this day, or any other day.
This is Africa, 1943. War spits out its violence overhead and the sandy graveyard swallows it up. Her name is King Nine, B-25, medium bomber, Twelfth Air Force. On a hot, still morning she took off from Tunisia to bomb the southern tip of Italy. An errant piece of flak tore a hole in a wing tank and, like a wounded bird, this is where she landed, not to return on this day, or any other day.
09-23-05, 06:06 PM
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Originally Posted by dobber
Your lawyer? Must be the most piss-poor excuse for a lawyer if he's casting judgement on something he has little if any information about.
Oh, wait, it's Scarry. Your bias is well know, so we can disregard any comment you bring to the table.
Oh, wait, it's Scarry. Your bias is well know, so we can disregard any comment you bring to the table.
She won a nice settlement, out of court. Yup, piss poor lawyer.
https://www.bicyclelawyer.com/bicycle...com/index.html
09-23-05, 07:21 PM
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why are they "considering" charges will be brought?
When my wife was hit by a driver that "didn't see her", Gary said, "saying that you did not see her is the same as admitting guilt".
09-23-05, 07:27 PM
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Assuming the cyclist was obeying the law (and this was a seasoned wheel-woman so that's hardly a leap of faith) the driver's admission that "he didn't see her" certainly makes him as culpable as he would be if it were another vehicle that he smashed into because of his momentary loss of sight.
09-23-05, 07:33 PM
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Assuming the cyclist was obeying the law (and this was a seasoned wheel-woman so that's hardly a leap of faith)
09-23-05, 07:35 PM
#41
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Well, she was going straight - not at an intersection and the car was TURNING.... so you do the math, buddy.
Basically, he didn't have enough time to turn, and should have yielded to her going straight... very simple.
Basically, he didn't have enough time to turn, and should have yielded to her going straight... very simple.
09-23-05, 08:24 PM
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Originally Posted by scarry
MY attorney is Gary Brustin the best cycling attorney on the west coast. When my wife was hit by a driver that "didn't see her", Gary said, "saying that you did not see her is the same as admitting guilt".
She won a nice settlement, out of court. Yup, piss poor lawyer.
https://www.bicyclelawyer.com/bicycle...com/index.html
She won a nice settlement, out of court. Yup, piss poor lawyer.
https://www.bicyclelawyer.com/bicycle...com/index.html
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This is Africa, 1943. War spits out its violence overhead and the sandy graveyard swallows it up. Her name is King Nine, B-25, medium bomber, Twelfth Air Force. On a hot, still morning she took off from Tunisia to bomb the southern tip of Italy. An errant piece of flak tore a hole in a wing tank and, like a wounded bird, this is where she landed, not to return on this day, or any other day.
This is Africa, 1943. War spits out its violence overhead and the sandy graveyard swallows it up. Her name is King Nine, B-25, medium bomber, Twelfth Air Force. On a hot, still morning she took off from Tunisia to bomb the southern tip of Italy. An errant piece of flak tore a hole in a wing tank and, like a wounded bird, this is where she landed, not to return on this day, or any other day.
09-23-05, 08:38 PM
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Originally Posted by dobber
So your lawyer witnessed this accident?
She was traveling east on Elm Street in front of the Brown Fine Arts Center when the truck turned into a small lane into the college between the Center and College Hall, police said.
What the hell is there to witness?
She was going straight on a major thoroughfare - not at an intersection - he was taking a turn onto a side street and admitted that "he didn't see her"
It's vehicular manslaughter, plain and simple.
Last edited by Bikepacker67; 09-23-05 at 08:43 PM.
09-23-05, 08:40 PM
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Originally Posted by TMX
From time to time you'll also see a post from someone expressing disbeleif at the stupid thing they themselves did while riding.
BUT... if she's traveling on the road and I'm making the assumtion he ran her over, then yes its totally his fault. He wasn't looking.
09-23-05, 09:58 PM
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It seems like it would be difficult to see out of the sides of an armored car, particularly if you where short and looking out the right side.
09-24-05, 12:38 AM
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Originally Posted by scarry
How nice, another motorist apologist. Take it to carsareus.com
-B
09-24-05, 12:56 AM
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Originally Posted by slvoid
I see you've been reading my posts about going into the middle of 3 lanes of 30mph opposing traffic..
BUT... if she's traveling on the road and I'm making the assumtion he ran her over, then yes its totally his fault. He wasn't looking.
-B
09-24-05, 01:09 AM
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Originally Posted by scarry
When my wife was hit by a driver that "didn't see her", Gary said, "saying that you did not see her is the same as admitting guilt".[/url]
-B
09-24-05, 07:50 AM
#50
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Originally Posted by L2006
If a bicyclist is going to ride in the street then he has to make himself known. Some of you are way too biased.
Traffic law requires that drivers be aware of other vehicles on the road. Not just other trucks. That's not a bias - that's the law!