Go Back   Motorcycle Forum > Motorcycle.Com General Discussion > Motorcycle News > Old News > MO vs. World

Reply
 
Thread Tools
Old 11-15-2004, 12:48 PM   #22
boomgarden
Founding Member
 
boomgarden's Avatar
 
Join Date: Jun 2007
Posts: 10
Default Re: Lawsuits for dummies: I speak from experience and my wife is a paralegal

Understand. I was writing from the perspective of my personal standards, not legal ethics. Even though I make my living as a lawyer, I just do't feel that it's right to file a lawsuit in a situation like this, where there's really no evidence of wrongdoing on the part of the driver. Of course, this whole scenario may not have happened at all, in which case we're wasting valuable bandwidth.



But, my perspective is this: it sounds like, in your case, it was fairly clear that you were on the hook for an error in driving. By acting quickly, the lawyers may have preserved evidence and prevented a tolling of the statute of limitations (by all means, a huge consideration). I'm a little skeptical of the authenticity of this story, but from the description there's no indication that the driver did anything wrong--in fact he might be the one with a cause of action. I don't feel that it's right to sue people and quite possibly screw up their lives to satisfy one's personal curiosity.



Anyway, this is just a personal opinion--it's not a judgment of the legal ethics of doing this and it is most definitely not legal advice.
boomgarden is offline   Reply With Quote
Old 11-15-2004, 01:33 PM   #23
BMW4VWW
Founding Member
 
Join Date: Nov 2001
Posts: 1,833
Default My wife is not a paralegal, but I did stay at a Holiday Inn last night

If this story is true, and I have my doubts, it would seem unlikely that the state troopers wouldn't have done some sort of evidence gathering at the scene. I have yet to come across a serious accident here in Kalifornia where skid marks and other indicia werenÂ’t gathered. Also contributing to my doubts about the veracity of this story is the fact that $10,000 in cash exceeds the limits at which government agencies seize all of the money under our current asset forfeiture laws, and make the rightful owners of the money prove that it was garnered legally. VWW
BMW4VWW is offline   Reply With Quote
Old 11-15-2004, 04:23 PM   #24
g-bear
Founding Member
 
Join Date: Nov 2001
Posts: 38
Default Re: Motorcycle Fatality - A family needs help.

Like everybody here, I ride a motorcycle. Like everybody here I drive a car (or truck). Like everybody (I would think), if a motorcycle is still on the street in the dark it' s very likely that I hit it. Sorry, but I don't find that absolutely strange. I have hit objects in the middle of the road in the dark, and my friends have thought I had hit a kid or something like that.
g-bear is offline   Reply With Quote
Old 11-15-2004, 05:13 PM   #25
Nplateau
Founding Member
 
Join Date: Jun 2007
Posts: 409
Default Re: Motorcycle Fatality - A family needs help.

The world would be a better place without lawyers.



Some good points, otherwise.
Nplateau is offline   Reply With Quote
Old 11-15-2004, 05:37 PM   #26
LonGene_Leonard
Founding Member
 
Join Date: Jun 2007
Posts: 10
Default The police are not idiots

The police see these types of accidents frequently. Maybe it was an accident. The guy who hit your friend probably feels bad. But these things happen.



Motorcycling and track days are risky. But there are things we can all do to protect our selfs. Your friend may have stopped for a break in the wrong location. I see this on occation in North Carolina. A young kid on a sport bike will stop under an Interstate bridge in the pouring rain to put his rain gear on. My girlfriend almost hit a guy two years ago. The kid was doing what I described above. Not a smart move. Had we hit and killed him, I'm sure we would have been sued. LUCKY KID!



I would think that the front end would be damaged had the bike been moving. The truck would have bumped the bike and it would tumble.



If you are describing the scene correctly, it sounds as if bike could have been stationary.



God bless you. I hope eveythings works out for you....



LonGene GSXR-750
LonGene_Leonard is offline   Reply With Quote
Old 11-15-2004, 06:27 PM   #27
beadg
Registered Member
 
Join Date: Jun 2007
Posts: 2
Default Re: Motorcycle Fatality - A family needs help.

That may be the reason but that's no excuse. Perhaps the program needs a rewrite. It is poor economics if it loses readers.
beadg is offline   Reply With Quote
Old 11-15-2004, 06:56 PM   #28
tomhorn
Registered Member
 
Join Date: Jun 2007
Posts: 72
Default Re: Motorcycle Fatality - A family needs help.

Whether or not the bike was "still or moving" is irrelevent. The driver of the pickup hit the bike. He had a responsibility to see to it that something like that didn't happen, even on the interstate.
tomhorn is offline   Reply With Quote
Old 11-15-2004, 11:06 PM   #29
IceWorm
Registered Member
 
Join Date: Nov 2001
Posts: 160
Default Re: Motorcycle Fatality - A family needs help.

I agree with the attorney, the story is either bogus, or the facts at hand are essentially correct and the biker may be at fault. Either way he is also correct that the editors dropped the ball in presenting the story without including any verifying information.



Now for the facts. Who in the heck rides at 1 in the morning on I-20 with ten grand in his pocket and no ID. Think about it, "He was killed so bad that they had to cremate his body and they could barley get a fingerprint of him so he could be identified." They could not identify him from a drivers license, license plate, bike registration, credit card, proof of insurance card? Common. He was identified by a fingerprint. So, was he a felon? No way that bike would have been stuck under the front of that truck if it had been moving with the flow of traffic. Guess what, Interstates and Freeways have minimum speed laws too and they are there for a reason.



No doubt that anyone could take the opposite point of view form me and make an argument and feel they are just as correct, because we have no independent evidence of what actually happened, if anything.

IceWorm is offline   Reply With Quote
Old 11-16-2004, 03:33 AM   #30
SRMark
Founding Member
 
Join Date: Jun 2007
Posts: 1,465
Default Re: Motorcycle Fatality - A family needs help.

In this era of identity theft, I'd not trust a driver's license, vehicle registration or license plate as proof of ID. Also, there are many thousands of us out here who have prints on file and have never done a day in the big house. And, what does it hurt to offer advice to someone to seek help from the AMA or talk to a good attorney. I'd also check with any police friends or friends-of-friends who have done accident reconstruction to see what information they might be able to volunteer.
SRMark is offline   Reply With Quote
Reply


Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

vB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off