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1.2 million verdict for Estate of Dead Cyclist

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1.2 million verdict for Estate of Dead Cyclist

Old 04-17-12, 11:23 AM
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1.2 million verdict for Estate of Dead Cyclist

Just to dispell the often expressed belief here that the legal system never comes to a result in favor of a cyclist.

https://www.verdictsearch.com/index.j...ent&art=205229
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Old 04-17-12, 11:36 AM
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Originally Posted by merlinextraligh
Just to dispell the often expressed belief here that the legal system never comes to a result in favor of a cyclist.

https://www.verdictsearch.com/index.j...ent&art=205229
The "legal system" did nothing for the cyclist... they went to a civil suit... which is quite a bit different from the state finding an offender guilty of distracted driving.

On Oct. 18, 2005, plaintiff Richard Lemke, 62, a retiree, was riding a motorized bicycle on U.S.19 near 80th Avenue when he was struck and killed by a Pinellas Park police cruiser.

Lemke's estate, represented by his wife, Carmen, sued Pinellas Park for motor vehicle negligence and wrongful death.

https://www.verdictsearch.com/index.j...ent&art=205229

So in spite of potentially violating the law, and receiving punishment from the state (or the law) the family has to then take matters in their own hands, hire an attorney and represent themselves, otherwise there would be no other trial or verdict in such a case. Often, due to grief or expense, families chose not to undertake a civil case.

The "often expressed belief here" is that motorists who violate the law and harm or kill cyclists are not punished by the law... and again that is the case here. But just to confuse the issue, motorists are rarely punished by the law when killing other motorists or pedestrians either (so much for enforcing the laws) unless alcohol is involved.

Yes this is a fine point that I am making... as LAW is really involved in both criminal and civil cases. The point that the cyclists here and elsewhere make is that motorists are rarely criminally convicted for killing cyclists (or anyone for that matter... ) in spite of the laws on the books.

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Old 04-17-12, 12:15 PM
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The civil justice system is part of the legal system.

And that verdict is likely to have an effect on how Pinellas County trains their Police officers.
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Old 04-17-12, 12:40 PM
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The cyclist was still somehow found 40% negligent for being broadsided by a right hook. Hard to understand how he's in any way negligent here, but perhaps there are other factors.
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Old 04-17-12, 01:06 PM
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Originally Posted by merlinextraligh
The civil justice system is part of the legal system.

And that verdict is likely to have an effect on how Pinellas County trains their Police officers.
As I stated, "LAW is really involved in both criminal and civil cases."

The issue that folks here complain about is that there is rarely a criminal case presented in the death of cyclists... unless alcohol is present. Did anyone even get a ticket for the offense? Probably not. Yup the civil courts then become the only recourse...

So exactly what is the reason for criminal laws on the books again???

You may be right about the training of the Police officers... then again such a case may set up a bias to punish cyclists in any way possible.
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Old 04-17-12, 06:52 PM
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Originally Posted by merlinextraligh
Just to dispell the often expressed belief here that the legal system never comes to a result in favor of a cyclist.

https://www.verdictsearch.com/index.j...ent&art=205229
I am with genec on this one. No criminal charges against the extremely distracted driving cop is a legal system fail.

Since the appeal has not even been filed yet, it is too early to say even the civil system came through for the cyclist.
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Old 04-17-12, 07:08 PM
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But in the end, I hope the judgement is upheld.
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