Advertise on Bikeforums.net



User Tag List

Page 1 of 2 12 LastLast
Results 1 to 25 of 36
  1. #1
    Al noisebeam's Avatar
    Join Date
    Jun 2004
    Location
    AZ
    My Bikes
    Cannondale SuperSix, Lemond Poprad. Retired: Jamis Sputnik, Centurion LeMans Fixed, Diamond Back ascent ex
    Posts
    13,934
    Mentioned
    1 Post(s)
    Tagged
    0 Thread(s)

    Seven days in jail for intentionally hitting two cyclists to ground and leaving scene

    http://tucsonvelo.com/news/driver-hi...ays-jail/18135

    Tyler Wren and Todd Herriot were riding at the front of the pack when according to reports and court documents, Kinkade drove next to the group, began cursing at them and telling them to get off the road. After yelling at the cyclists he struck Herriott who crashed into Wren causing them both to fall.

    In one court document, Kinkade and his attorney argued the cyclists were riding outside the shoulder and more than two abreast when he struck the cyclists.

    Kinkade said he heard a thump on his car and saw the cyclists on the ground in his rearview mirror, but didn’t think they were seriously hurt so he didn’t stop."
    There is still the civil case.

  2. #2
    genec genec's Avatar
    Join Date
    Sep 2004
    Location
    san diego
    My Bikes
    custom built, sannino, beachbike, giant trance x2
    Posts
    22,686
    Mentioned
    5 Post(s)
    Tagged
    0 Thread(s)
    Quote Originally Posted by noisebeam View Post
    Is there a three foot law in AZ?

  3. #3
    Senior Member bikemig's Avatar
    Join Date
    Apr 2012
    Location
    Middle Earth
    My Bikes
    A lot of old bikes and a few new ones
    Posts
    3,925
    Mentioned
    14 Post(s)
    Tagged
    1 Thread(s)
    Intentionally hitting someone with a car and only 7 days in jail. Wow, makes me glad to be living in a country that understands how trivial it is to have someone intentionally (or recklessly) attack someone with a vehicle.

  4. #4
    Al noisebeam's Avatar
    Join Date
    Jun 2004
    Location
    AZ
    My Bikes
    Cannondale SuperSix, Lemond Poprad. Retired: Jamis Sputnik, Centurion LeMans Fixed, Diamond Back ascent ex
    Posts
    13,934
    Mentioned
    1 Post(s)
    Tagged
    0 Thread(s)
    Quote Originally Posted by genec View Post
    Is there a three foot law in AZ?
    yes

    http://www.azleg.state.az.us/FormatD...28&DocType=ARS

    28-735. Overtaking bicycles; civil penalties
    A. When overtaking and passing a bicycle proceeding in the same direction, a person driving a motor vehicle shall exercise due care by leaving a safe distance between the motor vehicle and the bicycle of not less than three feet until the motor vehicle is safely past the overtaken bicycle.
    B. If a person violates this section and the violation results in a collision causing:
    1. Serious physical injury as defined in section 13-105 to another person, the violator is subject to a civil penalty of up to five hundred dollars.
    2. Death to another person, the violator is subject to a civil penalty of up to one thousand dollars.
    C. Subsection B of this section does not apply to a bicyclist who is injured in a vehicular traffic lane when a designated bicycle lane or path is present and passable.

  5. #5
    Member johnnymoses's Avatar
    Join Date
    Mar 2013
    Posts
    44
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    is there a law in any state requiring motorists to have a brain or even a conscience?

  6. #6
    24-Speed Machine Chris516's Avatar
    Join Date
    Jul 2004
    Location
    Wash. Grove, MD
    My Bikes
    2003 Specialized Allez 24-Speed Road Bike
    Posts
    4,995
    Mentioned
    1 Post(s)
    Tagged
    0 Thread(s)
    Quote Originally Posted by noisebeam View Post
    What about, refusing to render aid?

  7. #7
    Senior Member JonnyHK's Avatar
    Join Date
    Sep 2008
    Location
    Hong Kong
    My Bikes
    Baum Romano, Colossi xCr, Lynskey Crosstown
    Posts
    1,964
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Quote Originally Posted by johnnymoses View Post
    is there a law in any state requiring motorists to have a brain or even a conscience?

    Most places will test your eyesight, but I'm afraid to say that this is as far as it seems to go...

  8. #8
    Senior Member
    Join Date
    Apr 2009
    Location
    New Rochelle, NY
    My Bikes
    too many bikes from 1967 10s (5x2)Frejus to a Sumitomo Ti/Chorus aluminum 10s (10x2), plus one non-susp mtn bike I use as my commuter
    Posts
    21,037
    Mentioned
    47 Post(s)
    Tagged
    1 Thread(s)
    Quote Originally Posted by Chris516 View Post
    What about, refusing to render aid?
    This isn't France. Most (if not all) states have no "must render aid" laws.
    FB
    Chain-L site

    An ounce of diagnosis is worth a pound of cure.

    “Never argue with an idiot. He will only bring you down to his level and beat you with experience.”, George Carlin

    “One accurate measurement is worth a thousand expert opinions” - Adm Grace Murray Hopper - USN

    WARNING, I'm from New York. Thin skinned people should maintain safe distance.

  9. #9
    Senior Member
    Join Date
    Apr 2009
    Location
    New Rochelle, NY
    My Bikes
    too many bikes from 1967 10s (5x2)Frejus to a Sumitomo Ti/Chorus aluminum 10s (10x2), plus one non-susp mtn bike I use as my commuter
    Posts
    21,037
    Mentioned
    47 Post(s)
    Tagged
    1 Thread(s)
    Quote Originally Posted by bikemig View Post
    Intentionally hitting someone with a car and only 7 days in jail. Wow, makes me glad to be living in a country that understands how trivial it is to have someone intentionally (or recklessly) attack someone with a vehicle.
    Most judges consider the extend of the injury when sentencing for assault. The fact that any jail time was given at least shows that it was accepted as a criminal assault vs. an accident. Consider a half loaf as better than none.
    FB
    Chain-L site

    An ounce of diagnosis is worth a pound of cure.

    “Never argue with an idiot. He will only bring you down to his level and beat you with experience.”, George Carlin

    “One accurate measurement is worth a thousand expert opinions” - Adm Grace Murray Hopper - USN

    WARNING, I'm from New York. Thin skinned people should maintain safe distance.

  10. #10
    Senior Member dynodonn's Avatar
    Join Date
    Dec 2006
    Posts
    6,800
    Mentioned
    1 Post(s)
    Tagged
    0 Thread(s)
    I now recall reading about this incident, and how the support vehicle driver and the team photographer were able to help track down the offending motorist. Another big +1 for cameras.

  11. #11
    Senior Member rydabent's Avatar
    Join Date
    Apr 2010
    Location
    Lincoln Ne
    My Bikes
    RANS Stratus TerraTrike Cruiser
    Posts
    3,898
    Mentioned
    4 Post(s)
    Tagged
    0 Thread(s)
    We see this over and over again! While I am not a big fan of law suits for big money, I hope these cyclist get satisfaction in civil court. These days criminal courts come up with laughable decisions like in this case.

    That judge should be removed from the bench!!!!

  12. #12
    Senior Member rydabent's Avatar
    Join Date
    Apr 2010
    Location
    Lincoln Ne
    My Bikes
    RANS Stratus TerraTrike Cruiser
    Posts
    3,898
    Mentioned
    4 Post(s)
    Tagged
    0 Thread(s)
    Pondering this some reminds me that the justice system alway whines about the back log of cases. If like in this case the criminal court had redered a just verdict, there would be no need for a follow up civil case. In this deal it would cut the court system work load in half.

  13. #13
    ♋ ☮♂ ☭ ☯ -=(8)=-'s Avatar
    Join Date
    Feb 2005
    Location
    40205 'ViLLeBiLLie
    My Bikes
    Sngl Spd's, 70's- 80's vintage, D-tube Folder
    Posts
    7,804
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    One thing thats sadly ironic about all of these rabid, anti-cyclist, direct action situations is, supposedly we hold them up from doing their very important duties or reaching their very important destinations, but they can always slow down and take as much time as necessary to tell us thats what we are doing. Very strange.

  14. #14
    Senior Member
    Join Date
    Aug 2012
    Location
    Lancaster, PA, USA
    My Bikes
    2012 Trek Allant
    Posts
    1,502
    Mentioned
    5 Post(s)
    Tagged
    0 Thread(s)
    "I saw them fall, but they didn't look seriously injured, so I kept going."

    So how is he not convicted of hit-and-run again?

  15. #15
    Senior Member
    Join Date
    Jun 2013
    Location
    Rabraistan
    Posts
    208
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    FYI, this is the guy's website, he sells guitar pickups when he's not running into bicyclists: http://www.skatterbranepickups.com/
    Quote Originally Posted by gaucho777 View Post
    I know people hate seeing bikes on cycling-related forums, so my apologies for that.
    No single raindrop considers itself responsible for the flood.

  16. #16
    Senior Member dynodonn's Avatar
    Join Date
    Dec 2006
    Posts
    6,800
    Mentioned
    1 Post(s)
    Tagged
    0 Thread(s)
    Quote Originally Posted by -=(8)=- View Post
    One thing thats sadly ironic about all of these rabid, anti-cyclist, direct action situations is, supposedly we hold them up from doing their very important duties or reaching their very important destinations, but they can always slow down and take as much time as necessary to tell us thats what we are doing. Very strange.

    ...or drive around a residential block, then slow down beside you and then give you a long verbal lashing, very strange indeed......

  17. #17
    Senior Member Keith99's Avatar
    Join Date
    Apr 2005
    Posts
    5,755
    Mentioned
    1 Post(s)
    Tagged
    0 Thread(s)
    Quote Originally Posted by Chris516 View Post
    What about, refusing to render aid?
    There is only 1 state where there is a requirement to render aid and that one is written in a way easily skirted in this case.

    Hit and run is a different matter.
    Perish any man who suspects that these men either did or suffered anything unseemly.

  18. #18
    Senior Member Keith99's Avatar
    Join Date
    Apr 2005
    Posts
    5,755
    Mentioned
    1 Post(s)
    Tagged
    0 Thread(s)
    Quote Originally Posted by bikemig View Post
    Intentionally hitting someone with a car and only 7 days in jail. Wow, makes me glad to be living in a country that understands how trivial it is to have someone intentionally (or recklessly) attack someone with a vehicle.
    Except the article DOES NOT say he hit them intentionally and there is nothing in the article that indicates it was intentional.

    That all comes from the title of this thread.
    Perish any man who suspects that these men either did or suffered anything unseemly.

  19. #19
    genec genec's Avatar
    Join Date
    Sep 2004
    Location
    san diego
    My Bikes
    custom built, sannino, beachbike, giant trance x2
    Posts
    22,686
    Mentioned
    5 Post(s)
    Tagged
    0 Thread(s)
    Quote Originally Posted by Keith99 View Post
    Except the article DOES NOT say he hit them intentionally and there is nothing in the article that indicates it was intentional.

    That all comes from the title of this thread.
    He heard them thump... I suppose against his car (supposition on my part) but if true, then likely his is at least in violation of the three foot law.

  20. #20
    Al noisebeam's Avatar
    Join Date
    Jun 2004
    Location
    AZ
    My Bikes
    Cannondale SuperSix, Lemond Poprad. Retired: Jamis Sputnik, Centurion LeMans Fixed, Diamond Back ascent ex
    Posts
    13,934
    Mentioned
    1 Post(s)
    Tagged
    0 Thread(s)
    Quote Originally Posted by Keith99 View Post
    Except the article DOES NOT say he hit them intentionally and there is nothing in the article that indicates it was intentional.

    That all comes from the title of this thread.
    Technically this is true. He did however intentionally yell obscenities at the cyclists while knowingly driving hazardously close to them and intended or not swerved/merged into them - the cyclists say it was a sudden swerve.

    Quote Originally Posted by one of the cyclists
    “All of a sudden this guy comes by screaming obscenities,” Jacques-Maynes said. ”He was really close and then just continued to merge into the shoulder where we were. The guys in front of me were able to make a quick maneuver and avoid him. The guys on the front really had no chance and they got plowed into.”

    http://velonews.competitor.com/2013/...and-run_275971

  21. #21
    Senior Member RPK79's Avatar
    Join Date
    May 2013
    Location
    SE MN
    My Bikes
    Fuji Roubaix Pro
    Posts
    3,809
    Mentioned
    26 Post(s)
    Tagged
    0 Thread(s)
    Quote Originally Posted by dynodonn View Post
    I now recall reading about this incident, and how the support vehicle driver and the team photographer were able to help track down the offending motorist. Another big +1 for cameras.
    Forget cameras, I'm having a support vehicle and photographer follow me around from now on.

  22. #22
    Señior Member ItsJustMe's Avatar
    Join Date
    Sep 2005
    Location
    Michigan
    My Bikes
    Windsor Fens, Giant Seek 0 (2014, Alfine 8 + discs)
    Posts
    11,661
    Mentioned
    3 Post(s)
    Tagged
    0 Thread(s)
    Pretty poor really given that it was aggravated assault. Here's the definition, this incident seems to me to fit the definition perfectly:

    (from http://legal-dictionary.thefreedictionary.com/)
    A person is guilty of aggravated assault if he or she attempts to cause serious bodily injury to another or causes such injury purposely, knowingly, or recklessly under circumstances manifesting extreme indifference to the value of human life; or attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon.
    Work: the 8 hours that separates bike rides.

  23. #23
    Can'tre Member 3alarmer's Avatar
    Join Date
    Nov 2010
    Location
    ,location, location...
    My Bikes
    old ones
    Posts
    7,519
    Mentioned
    129 Post(s)
    Tagged
    3 Thread(s)
    .
    .
    .
    ...wasn't there, don't know the details. Seems to rise very close to the level required for vigilante justice. Just sayin'.
    Getting offed by some guy in a car because I was out riding a bike is not the way I want to shuffle off this mortal coil.
    Quote Originally Posted by Terrierman View Post
    No wonder everybody hates you.

  24. #24
    Senior Member Keith99's Avatar
    Join Date
    Apr 2005
    Posts
    5,755
    Mentioned
    1 Post(s)
    Tagged
    0 Thread(s)
    Quote Originally Posted by noisebeam View Post
    Technically this is true. He did however intentionally yell obscenities at the cyclists while knowingly driving hazardously close to them and intended or not swerved/merged into them - the cyclists say it was a sudden swerve.


    http://velonews.competitor.com/2013/...and-run_275971
    It is not technically true, it is true. No evidence of intent. I totally agree he was reckless. If I were handling the case I would have seriously investigated to possibility of getting a win on "gross and willful". But I'm not sure that was winnable.

    EDIT: I'd also check what he yelled very carefully. Profanity and saying they do not belong on the road while disturbing are not actionable (or at least not for much). But it there was any direct threat...
    Last edited by Keith99; 01-16-14 at 12:52 PM.
    Perish any man who suspects that these men either did or suffered anything unseemly.

  25. #25
    rugged individualist wphamilton's Avatar
    Join Date
    Apr 2011
    Location
    Alpharetta, GA
    My Bikes
    Nashbar Road
    Posts
    6,103
    Mentioned
    19 Post(s)
    Tagged
    0 Thread(s)
    Belligerent yelling, profanities, aggressive demeanor, and aggressive threatening driving are all evidence of intent. Evidently not enough for the prosecutor, but it is still evidence that the assault was intentional.

Page 1 of 2 12 LastLast

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •