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Old 03-03-2013, 09:11 PM   #41
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Quote:
Originally Posted by LCLF Brain View Post
You guys would all be perfect suckers for swoop and squat or drive down collision fraud.

I've written many tickets for stopping abruptly in free lane of traffic, and put the skids to accident fraud rings on more than one occasion. Intentionally hammering your brakes when not required is a violation.

The officer was a , but as for the violation, he was correct. You can get irritable at me all day, but I'm just giving you the truth.

Also, as for not reporting an accident, there has to be damage or injury in order for an accident to be reportable. This one had neither. No report necessary.
From watching the vid, I see that biker slowed down to allow the White Honda (with signal on) to enter his lane and as he saw he was approaching a stopped vehicle, slowed down abruptly to allow him in only to get rear ended.
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Old 03-03-2013, 09:42 PM   #42
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No matter what the reason the rider stopped, the cop was wrong imo. What about "failure to control speed". Had the tables been turned, the drive probably would have been charged with assault with a deadly weapon.
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Old 03-03-2013, 09:43 PM   #43
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Quote:
Originally Posted by LCLF Brain View Post
I've written many tickets for stopping abruptly in free lane of traffic, and put the skids to accident fraud rings on more than one occasion. Intentionally hammering your brakes when not required is a violation.
Do you mind telling me which statute that falls under? I can't locate it under TC545. I'm not trying to be a or call you out, I'm genuinely curious as I've never heard of this charge in my agency or county where I work.
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Old 03-03-2013, 10:15 PM   #44
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Cop rear ends rider, then BLAMES the rider

43 posts and it hasn't been said/brought up? I'm disappointed MH.

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Old 03-03-2013, 11:02 PM   #45
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Quote:
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Do you mind telling me which statute that falls under? I can't locate it under TC545. I'm not trying to be a or call you out, I'm genuinely curious as I've never heard of this charge in my agency or county where I work.
Oh geez, you would ask me that. It's one of those totally uncommon ones that are on no lists of arrest titles anywhere. I'll see... Prosecutors at Houston will have it.

IIRC it's the same set of statutes that do not permit you to stop cold on a freeway without cause, stuff like that. Impeding traffic series of statutes.
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Old 03-03-2013, 11:27 PM   #46
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Quote:
Originally Posted by AiJay View Post
From watching the vid, I see that biker slowed down to allow the White Honda (with signal on) to enter his lane and as he saw he was approaching a stopped vehicle, slowed down abruptly to allow him in only to get rear ended.
I saw that and that was my first thought but....
"Slowed down abruptly" is different from coming to a complete stop.


Let's turn the tables here a bit....

Had you (and by "you" I mean anyone replying on this thread) been the guy behind another driver that had abruptly stopped unnecessarily like this biker did, would you be ok with that and accept total blame?

I wouldn't, I'd be off regardless of WHO the law says is right.


Quote:
Originally Posted by LCLF Brain View Post
You guys would all be perfect suckers for swoop and squat or drive down collision fraud.
Agree. It happened to a friend of mine in a brand new Ford Edge.
Ask him how he feels about someone slamming their brakes on in a free flowing traffic lane.

Last edited by a forum moderator; 03-03-2013 at 11:32 PM.
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Old 03-03-2013, 11:38 PM   #47
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545.301, I THINK is what the Houston courts were prosecuting that citation under. I think because it's been a number of years since we really had to do that.

An operator may not stop, park, or leave standing an attended or unattended vehicle on the main traveled part of a highway outside a business or residence district unless: (criteria which goes on to say when it's allowed...)

We first started writing and prosecuting these cases in the mid-90's when we were seeing a rash of squat fraud collisions, then they tried getting coy with us and migrated to swoop and squat. We tore the out of a few fly-by-night accident attorneys who were orchestrating these kinds of collisions.

Where the question here is whether his abrupt stopping was really necessary. Looked to me like the car who changed lanes was at least 3 car lengths in front of the motorcycle. Didn't require a stop like that.
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Old 03-04-2013, 12:15 AM   #48
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Quote:
You guys would all be perfect suckers for swoop and squat or drive down collision fraud.

I've written many tickets for stopping abruptly in free lane of traffic, and put the skids to accident fraud rings on more than one occasion. Intentionally hammering your brakes when not required is a violation.
...precisely how did he 'hammer his brakes'. Sound to me, like the attempted abuse of the wiretapping 'law'.
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Old 03-04-2013, 12:38 AM   #49
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Nah, I've said my piece, Ulric. No matter what else I said, you'd disagree, so I'll leave it at that.
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Old 03-04-2013, 01:23 AM   #50
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43 posts and it hasn't been said/brought up? I'm disappointed MH.
This could have been completely avoided if the rider was splitting lanes.
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Old 03-04-2013, 05:09 AM   #51
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43 posts and it hasn't been said/brought up? I'm disappointed MH.

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This could have been completely avoided if the rider was splitting lanes.
I think he was expecting someone to shout "FTP!!"
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Old 03-04-2013, 08:27 AM   #52
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Quote:
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Yup... hopefully eitehr the guys contacts the dept. or someone picks it up from youtube and it gets passed up/onto the line.
according to the quotes somethings about to happen;

It appears that this Cops name is Captain Thomas Roberts, I contacted his Superior and was informed that there is an internal investigation in the matter.The phone number to the Area command theat Roberts runs is 702-828-8272 This Cop violated many policy's Including not reporting, or staring an "event" To coercion under color of law, I have an attorney referral if it is needed
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Old 03-04-2013, 09:32 AM   #53
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Cop rear ends rider, then BLAMES the rider

The cop should have some serious disciplinary action taken against him. Anyone who thinks that looked like a set up is blind. The 15 or 20 cars in front of the bike all stopped. The bike stopped short to let the white car in. The cop was following to close and not paying attention. The rider did appear to be an idiot, but "in America you have the right to be stupid." One of our lovely politicians said that recently while in Europe or speaking to Europeans.
http://mobile.reuters.com/article/id...30226?irpc=932

My story..

I rear ended an SUV when I moved to Houston 8~ years ago from the country. Sunday morning, no traffic. Left lane on I10. 65-70mph following an SUV. I was not paying attention. The SUV slammed the brakes, I was probably following at a safe distance but was not paying attention as I barely hit my brakes. I knocked the SUV into a car. The driver of the SUV said the car was going slow (IIRC around 45mph) in the left lane and he hit his brakes late hoping the car would move over. The driver of the car said that was the third time she had been rear ended in 6 months. I asked her why she drives in the left lane so slowly to which she said something about it not being illegal (to which I laughed). I thought it was a set up. But it went on my record as an at fault accident and my ins. paid for both cars repairs. I'm also pretty sure the lady in the car was not legal as she never produced an ID and spoke broken English. The SUV driver was of similar origin but had an ID.
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Old 03-04-2013, 09:55 AM   #54
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I can understand there are laws against drivers arbitrarily stopping on hwy for no reason. Years ago I was riding with a friend of mine who was a foreign student and just got his DL. We were on I-35 north of Dallas and he overshot an exit, so he proceeded to STOP in the middle lane and put on his blinkers. I have never been so terrified in all my life.

This rider did no such thing. Traffic looked to be stop-n-go and ALL drivers should have been prepared to stop. What do you think would have happened if the rider was following the police cruiser and rear-ended it? You think said officer would've stepped out his car and apologized profusely?!

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Old 03-04-2013, 09:56 AM   #55
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Here's my deal with this?

Setup? Why not fall over/drop the bike... emberassment vs actual $ c'mon?

'swoop & squat' only works if there isn't enough room to 'stop'... it plays on how the majority of people drive... too close to the vehicle ahead of them for the speed their traveling. It also means your likely not paying attention to the traffic ahead/around you behind the closest vehicle.

I can't see how, proper following distance somehow makes for people being suckers for 'swoop n squat'.

Quote:
I can understand there are laws against drivers arbitrarily stopping on hwy for no reason. Years ago I was riding with a friend of mine who was a foreign student and just got his DL. We were on I-35 north of Dallas and he overshot an exit, so he proceeded to STOP in the middle lane and put on his blinkers. I have never been so terrified in all my life.
Bingo...there's a difference between stopping or braking hard on a freeway or interstate etc where the rest of the traffic is flowing smoothly @ speed...vs a residential neighborhood, surface street etc. What if it'd been said rider had stalled the bike, had thrown/locked the chain or some other mechanical failure... sure his responsibility to make sure the vehicle is maintained to safely operate, but should not remove the onus of responsibility to the person that rear-ended him.
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Old 03-05-2013, 01:15 PM   #56
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Originally Posted by Helios View Post
I saw that and that was my first thought but....
"Slowed down abruptly" is different from coming to a complete stop.


Let's turn the tables here a bit....

Had you (and by "you" I mean anyone replying on this thread) been the guy behind another driver that had abruptly stopped unnecessarily like this biker did, would you be ok with that and accept total blame?

I wouldn't, I'd be off regardless of WHO the law says is right.




Agree. It happened to a friend of mine in a brand new Ford Edge.
Ask him how he feels about someone slamming their brakes on in a free flowing traffic lane.
Dude, I'm too good of a driver to get caught up in a silly rear end accident at 5mph.
It wouldn't happen to a good driver who knows what they're doing.

Of course I once nudged a guy who wouldn't give me 2 inches to pull into a gas station.
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Old 03-05-2013, 02:25 PM   #57
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Originally Posted by LCLF Brain View Post
545.301, I THINK is what the Houston courts were prosecuting that citation under. I think because it's been a number of years since we really had to do that.

An operator may not stop, park, or leave standing an attended or unattended vehicle on the main traveled part of a highway outside a business or residence district unless: (criteria which goes on to say when it's allowed...)
This is obviously not a highway.
Nor is he stopping to visit a residence or business.

I really hope you're not a police officer.
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Old 03-05-2013, 03:01 PM   #58
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agree with some posters, no matter what the driver behind is responsible to make sure they do not hit drivers in front of them.

The 'should drive normal' statement and other is just plain BS.
Then he has to say 'I could write you a load of tickets'. I would like to see the rider say then please go ahead, I have it on tape.

If you are in a car, does not matter if you have an empty road in front of you. The driver behind you is responsible for making sure they do not hit you. If they do, they were following too closely and/or were not paying attention.
I bet he was running the plates and took his eyes off the road, then wanted to blame the biker.
Same rules apply to motorcyclists. There is no law saying that it is OK for cars to follow behind motorcycles too close (what is it, 3 second rule at least?). There is no law saying the motorcyclist in front must ensure he is not hit from behind by making sure he drives fast enough to get out of the way of vehicle behind him....WTF....lol.

Liked his noticing the camera, and that is why he was shaking his hand and doing the 'we cool bro' .

LOL, drive normal, a good one. The drive normal should pertain to the cop.
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Old 03-05-2013, 03:29 PM   #59
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Quote:
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I really hope you're not a police officer.
But of course he is... or was.

I am usually defending the LEO side when MHers start copper bashing, but this one is indefensible.

Most cops are good at what they do and go about it professionally. Heck, my cop neighbor could probably interrogate me and get me to admit to kidnapping the Lindbergh baby in 3hrs. But they are human too, and sometimes just as fallible as the rest of us.
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Old 03-06-2013, 03:14 AM   #60
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But they are human too, and sometimes just as fallible as the rest of us.
Probably the most truth in this thread????

Nah, I kid, I kid


FTP!!!!!!!
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