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#11
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11-25-2018, 10:58 PM
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 My Rank: SERGEANT Poster Rank:1161 Join Date: Jun 2010 Posts: 549 Mentioned: 1 Post(s) Quoted: 169 Post(s)
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Re: Car Bumps Biker Who's Head Gets Run Over by a Concrete Mixer Truck
Logically, maybe... legally, no. If no contact was made then it would be the biker’s failure. In legal terms it’s called a faulty evasive maneuver. It’s your responsibility when driving any vehicle to be able to evade possible collisions safely, even in the event that someone runs a stop sign or fails to yield. Insurance will not cover a claim if it’s shown that the claimant made a faulty evasive maneuver. This video clearly demonstrates why making a faulty evasive maneuver is the responsibility of the “not at fault” driver. Had the biker been more aware of his surroundings he would have known there was a cement mixer on his 6. It was clearly safer for him to drive straight into the car that failed to yield than to maneuver out of his own lane. When you are in a specific lane you only have the right of way for as long as you maintain control of your vehicle in it. The moment your vehicle crosses into another lane it is your fault for any impact you make with a vehicle that is in control of that lane. Since the alleged at fault vehicle didn’t come into contact with anyone they legally wouldn’t be held accountable for the accident. They could still get a ticket for failure to yield, but the collision on the accident report would state that vehicle 2 (the bike) failed to stay in their lane and made a faulty evasive maneuver, leading to their own death. Granted, I only have a couple years in personal injury law as a paralegal (not an attorney), and laws vary by location, so maybe a good lawyer might be able to get the car driver’s insurance to pay up. But at the cookie cutter major firm I worked at in DFW would likely only take the case due to the severity of the injury and commercial vehicle involvement, and then they’d take it as a loss once it got to the attorney’s desk. |
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#12
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11-25-2018, 11:19 PM
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 My Rank: FIRST SERGEANT Poster Rank:476 Join Date: Jan 2010 Posts: 2,223 Mentioned: 0 Post(s) Quoted: 494 Post(s)
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Re: Car Bumps Biker Who's Head Gets Run Over by a Concrete Mixer Truck
Life never ends... but the body remains. A body, without a living soul, is just elements, returning back to the dust....
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#14
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11-25-2018, 11:33 PM
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| My Rank: SERGEANT Poster Rank:1161 Join Date: Jun 2010 Posts: 549 Mentioned: 1 Post(s) Quoted: 169 Post(s)
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Re: Car Bumps Biker Who's Head Gets Run Over by a Concrete Mixer Truck
What? Life ends all the Fucking time! It’s called death. It’s literally like the main topic of all these videos. That’s like going to a dairy website that’s main focus is spoilage and commenting “milk never curdles... the liquid congeals and takes on a lumpy shape. Milk, without fat, is returns back to the cow.” That’s how much sense your comment made. |
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#15
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11-25-2018, 11:39 PM
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 My Rank: FIRST SERGEANT Poster Rank:442 Male Join Date: Aug 2015 Posts: 2,558 Mentioned: 0 Post(s) Quoted: 351 Post(s)
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Re: Car Bumps Biker Who's Head Gets Run Over by a Concrete Mixer Truck
Nice pickup - you’re correct. At :31 seconds he’s daydreaming in traffic and at :35 he’s gone...awesome DR post. Thx |
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#17
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11-26-2018, 12:53 AM
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| My Rank: LANCE CORPORAL Poster Rank:2128 Join Date: May 2017 Posts: 225 Mentioned: 0 Post(s) Quoted: 26 Post(s)
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Re: Car Bumps Biker Who's Head Gets Run Over by a Concrete Mixer Truck
How about installing some street signs and lights maybe? Just a thought.
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