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Old 08-08-2005, 11:22 AM   #31
acecycleins
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Default Re: Die on your bike, and get sued

The fact that you say legally he must plea NOLO is crap. I'm not a lawyer and have never taken the BAR but I have enough family members (cops and lawyers) to know that if the guy made a legal turn and the accident happened during the course of that the at-fault party should have not pled out the case. If he was right in the fact that he had no recourse after he started the turn because of excessive speed of the motorcyclist then there is not a jury that would convict him for reasonable doubt reasons. There would not have been any malice in the case. With the NOLO plea he shows he made a judgement call that created the accident. Malice was there when he made the turn and he excepted the consequences when he went to court.
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Old 08-08-2005, 11:33 AM   #32
johnnyb
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Default Re: Die on your bike, and get sued

i am a little disappointed in new Buell frankly. 35" seat? hello, i can't even ride that. I guess EB will have to buy out HD and align with Polaris to get KTM engine.
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Old 08-08-2005, 11:38 AM   #33
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Default Re: Die on your bike, and get sued

at least the biker was not accused of drinking, if they had slaped him with that the family would have been screwed for sure, likely the insurance agency would have weaseled out as well, although they will probably try anyhow.

"Well we are sorry, but the driver who ran your loved one over thought he was exeding the speed limit based on the jolt he felt, that and his cell phone impeeded his line of sight and in paragraph q line 46 it clearly states..."



The suv driver and his lawyer is probably trying to scare the family into not suing him, probably as a hedge of sorts, a preemtive strike if you will, hopefully the judge will smack the bejesus out of the punk and remind him he got a heluva freebie with the criminal case.



The answer to this problem is for the AMA to pony up and buy a motorcycle for every congressmans child, its only a mater of time befere some jacka$$ flatens one of there own and the laws will change. I give it even chances between stiffer penalties and outlawing motorcycles, maybe not such a good idea after all..

Remember kiddies, the road is crawling with people who likely don't look for us or respect our rights on the road, and even more likely don't like motorcycles at all.
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Old 08-08-2005, 11:40 AM   #34
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Default Re: Die on your bike, and get sued

Since he plead no contest to criminally negligent homocide, I think we can safely assume this was not a legal U-turn.



People do it around here quite often. Happened to me twice one night on the way home from work. They both pulled all the way to the right (in the middle of traffic) and whipped across both northbound lanes. If I had not been on my toes, I would have been collected by these idiots quite easily.



There's no excuse for a move like that.
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Old 08-08-2005, 11:43 AM   #35
travisyoung
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Default Re: Die on your bike, and get sued

You're sort of right.



There is no malice required for involuntary or negligent manslaughter...I don't know the exact law in NJ, but all that is required is a negligent act and causation (the negligent act led to the death). Because the driver made an illegal u-turn he likely was per se negligent because he violated a statute that was intended to prevent just this type of accident.



In any event, I don't think there is a jury in the world that would let this plaintiff recover.
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Old 08-08-2005, 11:44 AM   #36
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Default Re: Die on your bike, and get sued

The seat height on the Buell was designed for adults on purpose. Just go 70's retro, and do the 4 inch platforms. Add a set of bell-bottoms to complete the look.
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Old 08-08-2005, 11:48 AM   #37
johnnyb
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Default Re: Die on your bike, and get sued

i had massive platforms when i was shortest kid in 8th grade, i can't wait for them and bellbottoms to come back. donnie osmond all the way baby... but it sucked cause then all the tall kids got `em too, back to square one... actually i didn't drink then either, maybe now i would fall off them a lot. Could be a law suit... soles would have to be covered in disclaimers.
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Old 08-08-2005, 12:03 PM   #38
mrdemma
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Default Re: Die on your bike, and get sued

HAHA! That's the funniest thing I've read on this site so far. Nice work.
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Old 08-08-2005, 01:22 PM   #39
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Default Re: Die on your bike, and get sued

Only ATLA (American Trial Lawyers Association) could defend this type of frivilous litigation. In fact, they encourage it, cause it's easy pre-trial settlement dollars that we in the insured pool see reflected in our endlessly inflating premiums.
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Old 08-08-2005, 01:38 PM   #40
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I suggest we all band together and go kick this guy's ass!!!!!!!!!!!
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