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Old 11-17-2004, 03:54 AM   #61
boomgarden
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Default Re: Motorcycle Fatality - A family needs help.

The photo that's now posted actually sheds a completely different light on this, since it appears that the collision occurred on the shoulder of the road and not in the far right lane, as first indicated . Maybe it's a matter of regional terminology, but around here we think of the "far right lane" as referring to a the far right travel lane.



If the rider was stopped on the shoulder and rear-ended, I would think that it's worth consulting a lawyer at this point to determine if a lawsuit is appropriate. As was mentioned earlier, civil liability is not dependent on the driver receiving a traffic ticket or being convicted--it's an entirely separate determination.



If, however, an insurance settlement has already been accepted by the survivors, it's likely that the right to bring a lawsuit has been waived.
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Old 11-17-2004, 04:15 AM   #62
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Default Re: Contact these people Kim

Gimme a minute, Kpaul, just woke up, gotta have some coffee... ... ... ... Sorry! Outa the loop yesterday, so I missed the symposium...Hmmm...Good point! Okay, I'm going back to bed.
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Old 11-17-2004, 04:29 AM   #65
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Default Re: Motorcycle Fatality - A family needs help.

Tough crowd!
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Old 11-17-2004, 04:32 AM   #66
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Default Re: KBucket

If you look you'll see that Kshythead is back into his repeating posts mode.
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Old 11-17-2004, 04:38 AM   #67
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Default Re: U are a classic nut

KPail

KBucket

KBucketofshyt

KWoodyAllen



It's difficult to come up with a name that could describe someone as evil as you.



KJohnEdwards@ssSucker will probably have to do.
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Old 11-17-2004, 04:42 AM   #68
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Default Re: Motorcycle Fatality - A family needs help.

"The photo that's now posted actually sheds a completely different light on this, since it appears that the collision occurred on the shoulder of the road and not in the far right lane, as first indicated".



I don't think you are thinking this all the way through. Let's assume for a second the witnesses in the newspaper story are correct and the collision occurred in the slow lane of I-20. The photo only shows where the truck stopped, it says nothing about which lane the collision occurred in. It is not only possible but probable that the driver of the truck tried to get off the road after the collision. If the impact occurred in the slow lane you would have to believe there would be evidence of that, like a long road gouge as the bike was pushed forward under the front of the truck, and the same would be true if the impact occurred on the shoulder, but we don't have that evidence, either way, we do have witnesses though. Witnesses at the scene, according to the St. Clair Times, say the bike was sitting in the far right lane with it's lights off. I see nothing in the photo that contradicts that.

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Old 11-17-2004, 05:01 AM   #69
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Default parking lights

If I am pulled completely off the road and visibility is bad, I turn all my lights off. My thinking is that when visibility is bad the traffice behind you wants to follow your tail lights, even if it takes them onto the shoulder where you are stopped.
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Old 11-17-2004, 05:25 AM   #70
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Default Re: Motorcycle Fatality - A family needs help.

Good point. Also, you have to factor in the estimated distance the victim was thrown from the motorcycle, and the difference in speed that would have had to be, to achieve such a merger of F150 and Harley. I do not know that highway in any way shape or form, but I'm assuming that the speed limit is at least 55, and for a truck to cause that much carnage on a bike moving 55, if at all, it would have been moving well above the speed limit, possibly even an impossible speed for a Ford F150. Therefore, you almost have to deduce by sheer logic, based on the (available) facts of the accident, that the bike was sitting still. I'm not a lawyer, but I play one on MO. Or maybe I just watch too much CSI.



I'm also aware that it would be possible to wad a bike up under a truck in a rearend collision on the highway by the bike collapsing and dragging under the truck upon impact, but you cannot produce that result "AND" send a grown man flying 500 feet through the air at the same time.
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