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-   -   Bikers Attack Driver After Accident: Caught on Tape (http://www.the370z.com/north-east-region/79613-bikers-attack-driver-after-accident-caught-tape.html)

Chuck33079 10-02-2013 11:09 AM

Quote:

Originally Posted by Red__Zed (Post 2513100)
I'm in if we make it a 48 pack.


You know what, forget the bet and let's grab some drinks :yum:

I'm completely ok with this.

Red__Zed 10-02-2013 11:11 AM

Quote:

Originally Posted by ElVee (Post 2513101)
If you can't tell who the bystanders are apart from the attackers, and they all appear to be part of the same group... Should the RR driver rolled down his window and politely asked for clarification?

The guy run over might have been the good samaritan of the group, but he is still part of the group that escalated things.


I don't disagree with the principle (in this case) but it's a core principle upon which the English legal system was founded (and by extension, the US system).

You can imagine in other cases where this might not work out so favorably.

Chuck33079 10-02-2013 11:12 AM

Quote:

Originally Posted by Red__Zed (Post 2513105)
I don't disagree with the principle (in this case) but it's a core principle upon which the English legal system was founded (and by extension, the US system).

You can imagine in other cases where this might not work out so favorably.

Agreed, but some kind of "dumbfuck exemption" might not be a bad idea.

SouthArk370Z 10-02-2013 11:14 AM

Somebody has to do it. Might as well be me.

Hitler and Nazis

ElVee 10-02-2013 11:15 AM

True, but like many things, it comes down to what a *reasonable* person would think.

Red__Zed 10-02-2013 11:18 AM

Quote:

Originally Posted by Chuck33079 (Post 2513106)
Agreed, but some kind of "dumbfuck exemption" might not be a bad idea.


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.

jcosta79 10-02-2013 11:18 AM

Quote:

Originally Posted by Red__Zed (Post 2513012)
Nope, just getting a slow and painful reminder about how clueless most people are about how our legal system operates.

The side with the most money usually wins. Seeing as how the driver of the Range Rover drives a Range Rover, I'm thinking he's going to come out of this okay.

Red__Zed 10-02-2013 11:21 AM

Quote:

Originally Posted by jcosta79 (Post 2513112)
The side with the most money usually wins. Seeing as how the driver of the Range Rover drives a Range Rover, I'm thinking he's going to come out of this okay.

It's amazing what lawyers will do to make a name for themselves, especially when the target is wealthy.

The civil suit against the RR driver has the potential to turn out some big $$$ for anyone who's willing to represent the guy.

jcosta79 10-02-2013 11:30 AM

Quote:

Originally Posted by Chuck33079 (Post 2513037)
I'll bet you a six-pack the driver walks on all criminal and civil issues- you in?

Criminal, yes. Civil, unfortunately no. If this happened in TX I would bet the driver of the RR would be able to sue the guy he ran over for damage to his truck, but since it happened in NY he will get sued and at BEST he will have to pay a large amount of money to settle the case.

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.

Chuck33079 10-02-2013 11:32 AM

Quote:

Originally Posted by jcosta79 (Post 2513131)
Criminal, yes. Civil, unfortunately no. If this happened in TX I would bet the driver of the RR would be able to sue the guy he ran over for damage to his truck, but since it happened in NY he will get sued and at BEST he will have to pay a large amount of money to settle the case.

I doubt it given the circumstances of the situation, but it wouldn't be the first time in my life I was wrong.

Red__Zed 10-02-2013 11:35 AM

Quote:

Originally Posted by Chuck33079 (Post 2513137)
I doubt it given the circumstances of the situation, but it wouldn't be the first time in my life I was wrong.

I'd say the most likely outcome is an out of court settlement for medical costs and maybe a bit on top. Going to court is very expensive for the defending party (and usually either in the worst case free for the guy suing). It is often cheaper to settle out of court than it is to go to court and win (to say nothing of if you lose)

Red__Zed 10-02-2013 11:37 AM

Quote:

Originally Posted by jcosta79 (Post 2513131)
Criminal, yes. Civil, unfortunately no. If this happened in TX I would bet the driver of the RR would be able to sue the guy he ran over for damage to his truck, but since it happened in NY he will get sued and at BEST he will have to pay a large amount of money to settle the case.

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.

NY and TX have pretty similar laws on the civil side of the house.

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.

Chuck33079 10-02-2013 11:40 AM

Quote:

Originally Posted by Red__Zed (Post 2513143)
NY and TX have pretty similar laws on the civil side of the house.

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.

In my CHL class we were taught that "every bullet you fire has a lawyer attached to it", so if you miss and hit a random bystander, you can expect a huge legal headache. That's when I switched to lower penetration ammo for HD use.

Lothario 10-02-2013 11:42 AM

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

Chuck33079 10-02-2013 11:43 AM

Quote:

Originally Posted by Lothario (Post 2513149)
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

:rofl2:

Or maybe they were just stopping to tell him that his wife left her purse on the roof when she strapped in the baby.

theDreamer 10-02-2013 11:44 AM

Or maybe they were letting him know he had a brake light out, hence why the bike was slowing down in front of him.

Cmike2780 10-02-2013 11:46 AM

Quote:

Originally Posted by jcosta79 (Post 2513131)
Criminal, yes. Civil, unfortunately no. If this happened in TX I would bet the driver of the RR would be able to sue the guy he ran over for damage to his truck, but since it happened in NY he will get sued and at BEST he will have to pay a large amount of money to settle the case.

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.

Some truth to that, but there is nothing stopping the RR guy from filing a lawsuit against the bikers for assault either. There will be a lot of grey areas in this case for sure.

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.

FairladyZ10PG 10-02-2013 11:50 AM

I don't know if you've already mentioned but just curious Red_Zed. What would you have done in that situation?

DEpointfive0 10-02-2013 11:54 AM

Quote:

Originally Posted by Red__Zed (Post 2513100)
I'm in if we make it a 48 pack.


You know what, forget the bet and let's grab some drinks :yum:

Quote:

Originally Posted by Chuck33079 (Post 2513104)
I'm completely ok with this.

LOL!!! I'd be down.

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

Red__Zed 10-02-2013 11:56 AM

Quote:

Originally Posted by FairladyZ10PG (Post 2513170)
I don't know if you've already mentioned but just curious Red_Zed. What would you have done in that situation?

It depends on what specifically happened, but I would not use deadly force in a situation where there was no other way to escape.


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.

andre12031948 10-02-2013 11:56 AM

if I'm in the middle of a bunch of bikers
 
I would stay still. Not press the gas to run over a biker, his bike & keep going. Surely he felt his front end go up after the front wheels went on top & over the bike. That's hit, run over & run in my book.

Were the bikers wearing Hell's Angels or Son's of Anarchy jackets?????

Chuck33079 10-02-2013 11:57 AM

Quote:

Originally Posted by DEpointfive0 (Post 2513180)
LOL!!! I'd be down.

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...

Oh, he's getting sued. His family pretty much said that already. The outcome of the civil case is what's in question. Maybe they can win enough money to replace Squidward's bike with a quad.

Red__Zed 10-02-2013 11:57 AM

Quote:

Originally Posted by DEpointfive0 (Post 2513180)
LOL!!! I'd be down.

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

I'll buy you guys a beer regardless (unless you prefer a Smirnoff...)

Chuck33079 10-02-2013 11:58 AM

Quote:

Originally Posted by andre12031948 (Post 2513186)
I would stay still. Not press the gas to run over a biker, his bike & keep going. Surely he felt his front end go up after the front wheels went on top & over the bike. That's hit, run over & run in my book.

You didn't read the rest of the thread, did you? He didn't just run over a biker out of the blue.

KN21283 10-02-2013 12:00 PM

The driver of RR Lien Founded an E-Commerce Powerhouse Lien is one of the founders of the e-commerce firm Skrill.com. The London-based company was founded in 2007 and has assets of nearly $50 million, according Due Dil.

Read more at: Alexian Lien, Road Rage Victim: 5 Fast Facts You Need to Know | HEAVY

andre12031948 10-02-2013 12:04 PM

Quote:

Originally Posted by Chuck33079 (Post 2513192)
You didn't read the rest of the thread, did you? He didn't just run over a biker out of the blue.

Someone made a sudden stop/slowed down in front of him? Someone knocked on his door? In my opinion, he was going too fast considering there were so many bikes around him. Then he said, "I'll show them!" My opinion

FairladyZ10PG 10-02-2013 12:06 PM

Quote:

Originally Posted by Red__Zed (Post 2513183)
It depends on what specifically happened, but I would not use deadly force in a situation where there was no other way to escape.


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.

That's smart. However, not everyone can stay as calm and collected when faced with such situation. I'm assuming this guy panicked and made what he believed to be the best possible decision at the time. He may or may not regret the decision to run over the bikers and do not know if he would do the same thing if it happened all over again. I guess what I'm trying to say is that not everyone handles pressured situations the same way. I don't know how the "Law" would handle this one but I'm behind the RR driver from what I have seen thus far.

Chuck33079 10-02-2013 12:07 PM

Quote:

Originally Posted by andre12031948 (Post 2513208)
Someone made a sudden stop/slowed down in front of him? Someone knocked on his door? In my opinion, he was going too fast considering there were so many bikes around him. Then he said, "I'll show them!" My opinion

Go back and read the thread and the linked articles, then come back. Your opinion is way off base.

Red__Zed 10-02-2013 12:10 PM

Quote:

Originally Posted by FairladyZ10PG (Post 2513213)
That's smart. However, not everyone can stay as calm and collected when faced with such situation. I'm assuming this guy panicked and made what he believed to be the best possible decision at the time. He may or may not regret the decision to run over the bikers and do not know if he would do the same thing if it happened all over again. I guess what I'm trying to say is that not everyone handles pressured situations the same way. I don't know how the "Law" would handle this one but I'm behind the RR driver from what I have seen thus far.

I'm not making any personal judgment against anyone, just trying to bring to light the legal implications of these decisions.

andre12031948 10-02-2013 12:12 PM

Quote:

Originally Posted by FairladyZ10PG (Post 2513213)
That's smart. However, not everyone can stay as calm and collected when faced with such situation. I'm assuming this guy panicked and made what he believed to be the best possible decision at the time. He may or may not regret the decision to run over the bikers and do not know if he would do the same thing if it happened all over again. I guess what I'm trying to say is that not everyone handles pressured situations the same way. I don't know how the "Law" would handle this one but I'm behind the RR driver from what I have seen thus far.

I think he's the type that don't like to take chit, not was afraid. That sort of bad action that the bikers did has been experienced by most of us. We would not run someone that's in front of us over with front & rear wheels & keep going. Were shots fired at the SUV???

Cmike2780 10-02-2013 12:12 PM

Quote:

Originally Posted by andre12031948 (Post 2513208)
Someone made a sudden stop/slowed down in front of him? Someone knocked on his door? In my opinion, he was going too fast considering there were so many bikes around him. Then he said, "I'll show them!" My opinion

That's a lot of blanks you just filled.

Chuck33079 10-02-2013 12:14 PM

Quote:

Originally Posted by andre12031948 (Post 2513226)
I think he's the type that don't like to take chit, not was afraid. That sort of bad action that the bikers did has been experienced by most of us. We would not run someone that's in front of us over with front & rear wheels & keep going. Were shots fired at the SUV???

:ugh2: You're making a whole lot of off-base assumptions here.

Cmike2780 10-02-2013 12:14 PM

Quote:

Originally Posted by andre12031948 (Post 2513226)
I think he's the type that don't like to take chit, not was afraid. That sort of bad action that the bikers did has been experienced by most of us. We would not run someone that's in front of us over with front & rear wheels & keep going. Were shots fired at the SUV???

You should really read the full story and watch the videos.

Chuck33079 10-02-2013 12:15 PM

Quote:

Originally Posted by Cmike2780 (Post 2513234)
You should really read the full story and watch the videos.

It's like he's commenting on a completely different story.

andre12031948 10-02-2013 12:19 PM

Quote:

Originally Posted by Cmike2780 (Post 2513228)
That's a lot of blanks you just filled.

Just my opinion. We all know, should know the difference between a "bike gang" and a bunch of wise guys riding ricer bikes. Is he (driver)a head of some corporation? If he is, he knows the difference & would not have acted this way if there was a REAL dangerous looking gang around him.

Chuck33079 10-02-2013 12:20 PM

Quote:

Originally Posted by andre12031948 (Post 2513253)
Just my opinion. We all know, should know the difference between a "bike gang" and a bunch of wise guys riding ricer bikes. Is he (driver)a head of some corporation? If he is, he knows the difference & would not have acted this way if there was a REAL dangerous looking gang around him.

Make it an informed opinion. It was a self defense situation on the part of the SUV driver.

Red__Zed 10-02-2013 12:21 PM

Quote:

Originally Posted by Chuck33079 (Post 2513256)
Make it an informed opinion. It was a self defense situation on the part of the SUV driver.

More accurately, there's not enough information to judge, though your proposition is perhaps more likely :tup:

Chuck33079 10-02-2013 12:22 PM

Quote:

Originally Posted by Red__Zed (Post 2513259)
More accurately, there's not enough information to judge, though your proposition is perhaps more likely :tup:

It's a lot more likely than whatever Andre3000 is talking about.

SouthArk370Z 10-02-2013 12:26 PM

Quote:

Originally Posted by Red__Zed (Post 2513223)
I'm not making any personal judgment against anyone, just trying to bring to light the legal implications of these decisions.

So far, it doesn't look like anybody is taking offense to anything being said. Considering the subject, I'd say things are going amazingly well. You make some very good legal points (I assume they are good, I'm no lawyer) but this isn't a court of law. If I were sitting on a jury, I'd be more worried about the technicalities. As it is, I'm just Some Guy On The Intertubes. ;)

andre12031948 10-02-2013 12:27 PM

JUST SAW THE VIDEO - 1st post
 
Heavy bike traffic stopped on a highway/road. An SUV coming from the back into sight & accelerating. Bikers jump/try to get out of the way. One doesn't make it & gets run over. If the rest didn't get out of the way, they also would have been run over & maybe killed. The SUV doesn't stop after going over the bike & biker but goes forward even faster. That's what I saw on that video :confused:


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