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The challenge is deciding who decides that point. We'll pretty quickly get into political discussion down this road, but I sure as heck don't want legal associations with how every internet forum I am on behaves. Less politically, there are a number of car meets that go on around the country. For the most part they are well-controlled and folks behave politely. I have been at a number where a "crew" rolled up and changed the environment. It would be unfair for everyone at the event to be arrested/charged/convicted because they were at a car event that got out of control, simply because a DA wants to make a name for themselves. |
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The civil suit against the RR driver has the potential to turn out some big $$$ for anyone who's willing to represent the guy. |
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I will never forget what my uncle's lawyer once told him (my uncle lives in NJ): "If you ever hit someone in NY, make sure you back up and kill the guy. It will go a lot easier for you in court." And no, he wasn't kidding. |
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In TX you "own the shot" so to speak. If there's collateral damage, it can come back to you civilly and criminally, even if your action was self-defense. You're probably more likely to find a friendly DA, but the laws are basically written the same. |
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how do we know this range rover wasnt stolen? and these bikers were just trying to return it to its rightful owner?
or maybe it was being repoed |
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Or maybe they were just stopping to tell him that his wife left her purse on the roof when she strapped in the baby. |
Or maybe they were letting him know he had a brake light out, hence why the bike was slowing down in front of him.
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The only person I see who has a shot at suing the RR driver is the guy in the coma with a broken spine. Even then though, you can make the argument that he ceased to be a bystander the moment he chose to put his motorcycle in front of the SUV. |
I don't know if you've already mentioned but just curious Red_Zed. What would you have done in that situation?
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I think if we want to place bets, it would have to be as a field, like if the driver gets off criminally, but sued civilly, beer gets awarded to... I REALLY hope that at the end of all this, we acknowledge that we don't know everything, we acknowledge other peoples' opinions, and no hard feeling either way |
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Backing up a bit, I would not be in that situation. I avoid states that do not allow for full use of a self-defense, so I would likely not be driving in NY in the first place. If I came across a group of bikers taking up two lanes, I would move over to the right lane...because squids like that generally signal trouble. Legally not required, but the smart way to avoid conflict. If the accident was unavoidable and all that, I'd pull over and call the cops with the passenger taking a video recording in case things got messy. |
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