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Old 08-08-2005, 01:51 PM   #41
kwayne_406
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Default Re: I'd need more facts...

Fact: driver charged with homicide

Fact: driver plead no contest

What more do you need to know?

Fact: Nolo Contendre ie: I f----up but I won't admit blame.
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Old 08-08-2005, 01:56 PM   #42
lwatcdr
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Default Re: Die on your bike, and get sued

I agree except the jeep driver was "CHARGED" with the accident. The police on the scene must have felt that the Jeep driver was at fault. As far as I am concerned unless that gets overturned first then there is no case.
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Old 08-08-2005, 02:06 PM   #43
ValkBandit
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Default Re: Die on your bike, and get sued

maybe i'm going blind but i don't see that ulysses writeup. can you point to it? it's the first buell that has ever really interested me.
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Old 08-08-2005, 02:19 PM   #44
abogado
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Default Re: Die on your bike, and get sued

1. That this is a news article is stupid. If someone files a lawsuit means NOTHING. It doesnt mean that there is a valid claim. It just means that someone had the money to pay the clerk at the court to take his papers and get the lawsuit filed. There are very few times where the mere filing of a lawsuit should recieve media attention. This odes not strike me as being of any special import.



2. That people are upset is stupid. It is a simple matter of determining fault for the accident. If the driver of the car can prove by a prepoderance of the evidence that the motoryclist was at fault for the accident, then liability SHOULD ensue. If you were parked somewhere, and some idiot wheelied into your parked car, and killed himself, would you really think his estate shouldn't pay for the damage to your car, if he was at fault for the damage?



3. His plea is precisely the type of plea that gets entered when there is possibly going to be a civil action arising out of the same set of facts. DOesnt preclude a civil case...he can still file it. Doesnt mean he will win.



4. What do you mean tort reform? How would tort reform change this? No tort reform llegislation I have ever heard proposed would do anything about this situation. No one who actually understands tort law would preclude this persons ability to sue. Insurance companies wouldnt even want this type of tort emliminated (they couldnt collect money someone was negligent, as there would be no means to do so). THis aint what "tort reform" is about...

Tort reform is a serious issue, that should be talked about, and delt with, but by using this litigation as a rational for tort reform isnt lending any support to the cause.



5. Why are you mad at the lawyer? This is not a case where a lawyer can bring a claim. (those cases are rare, and ARE a subject that is in the realm of tort reform discussions) The plaintiff, i.e . the jeep driver brings it, or maybe the insurance company does. In either case the lawyer is just the employee. Now, lawyers have an ethical duty not to file cases that they know have no merit, and are subject to sanctions if they do, but honestly, I dont think anybody here knows if that is the case or not in this situation. (there is definately not enought info in the news article to tell).
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Old 08-08-2005, 02:27 PM   #45
abogado
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Default Re: Die on your bike, and get sued

What is type of negligence jurisdiction is NJ? Contributory neg?



Does NJ have a right to jury in civil matters of this kind?
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Old 08-08-2005, 02:27 PM   #46
sportbikebandit
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Default Where are the MO guys?

Looks like this Buell Press intro was in Colorado. The AMA website has a review as well. Where are the MO guys? Hope Sean didn't say bad things about me folks back there would get upset....They been known to use sheep shears on strangers from Blue States...Especially if they catch them molesting the livestock. Only in Wyoming is that stuff legal..
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Old 08-08-2005, 02:44 PM   #47
gbrummett
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Default At least it was "is considering suing the estate"

Hopefully this one will never make it to court!
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Old 08-08-2005, 02:46 PM   #48
sportbikebandit
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Default Go for a ride buddy

Dude you need to take a few deep breaths and relax...We are supposed to be talking about Motorcycles...Seems like you and BrowningBAR are little obsessed..Obsessing over kpaul is not good, it is a sure path to GPTB membership. Relax and enjoy the ride.. I went for 2 rides this weekend each 120 miles.. Beautiful roads and weather. No cops cause they were buzy doing crowd control at the SeaFair (hydroplane races and Blue Angel show over the lake)...Maine is a beautiful state.
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Old 08-08-2005, 03:05 PM   #49
wayback
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Default Re: I'd need more facts...

You know, where I live, turning right on red has become a joke. People don't stop at all, don't look first, and ignore the "No turn on red" signs where they're posted. I'm willing to bet that if I mentioned what they did to the next 100 people I see do this, the answer from 98 of them would be either "So what, nobody was coming" or "I could see that it was OK to go so I did". So if one of them blows through a red light and there IS smeone coming, are we going to look for reasons why maybe the other person is partly to blame? If someone pulls out in front of you, do you think we should talk at your funeral about how they only ran a red light but maybe you weren't paying attention,were going to fast, etc, etc.?

The best way to protect us, and the cagers too, is to punish those that choose to deliberately break the rules. The fact is, the speed of the bike or how it was riden isn't the issue here -- the fact that the cager was making an illegal turn is what caused the accident and killed the rider. Without the cager deliberatly breaking the law the rider would have been OK. Besides, the rider is dead and the cager is fine. Exactly how has the cager been harmed? If it isn't for the money, what's the lawsuit for? Maybe the worst thing is, he not only is the proximate cause of someone's death, he doesn't even have enough decency to leave it at that.

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Old 08-08-2005, 03:29 PM   #50
tokoloshgolem
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Default Re: Die on your bike, and get sued

Best posts of the year! I don't know what you guys do for a living but you're underpaid.
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