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Old 11-06-2007, 03:44 PM   #41
Pat
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Do you wear a tinfoil hat too?
Only at the request of strippers offering me free lap dances if I do.

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you launched hard to avoid being ended by the suv.he got you anyway.what if you hadnt taken off so fast?you may have been run over.you jumped off to avoid being run down.sounds like the suv was reckless to me.
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Sure you are, just because it doesn't go against what he's said, doesn't mean it's the truth.
If what bluewave18 stated does not go against the story given here, and both the story given here and the one bluewave18 stated do not contradict each other -- that tends to make both of them fair versions of the truth.

Or did you mean my desire to mention that the SUV was following is not the truth? The SUV was behind him, thus following. Or it is not the truth because there was no previously mentioned concerned about being run over by the SUV? Sure, he did not mention that; but, I'm kind of going on the basis that he does not like being run over (I usually go with the safe bet that most people do not like being crushed to death under an SUV).

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I'm guessing this was just a general statement and not directed towards me. To this point I have not defended any of the actions of the SUV driver.
Yes, that was a general statement.

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Hypothetically, I'm sitting at a traffic light second in line. You slam into the rear of me because you didn't see the red light, and PUSH me into the car infront of me. Is it my fault I hit the car infront? I really don't think so...
Yes, did not maintain proper distance from person in front. That is typically a law in many states (including this one to some degree, in italics, below quote). I'm also not the only person that stated that in this thread:

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I think that when someone hits you from behind that blame is typically placed on them. For instance if you are sitting in your car at a intersection and you get rear ended and because of getting hit you run into the car in front of you it is typically your fault even though you got hit. Something about a failure to maintain a safe following distance. Maybe this logic applies to your case, maybe not.
545.062. FOLLOWING DISTANCE. (a) An operator shall, if following another vehicle, maintain an assured clear distance between the two vehicles so that, considering the speed of the vehicles, traffic, and the conditions of the highway, the operator can safely stop without colliding with the preceding vehicle or veering into another vehicle, object, or person on or near the highway.

Please note: considering the speed of the vehicles, traffic, and the conditions With houston traffic, stopped at red light, expecting someone to rear-end you is (sadly) typical of the conditions of the road.
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Old 11-06-2007, 03:45 PM   #42
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Keep your mouth closed and call a lawyer is the best advice you are going to get on here.
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Old 11-06-2007, 03:56 PM   #43
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Keep your mouth closed and call a lawyer is the best advice you are going to get on here.
+1 This is the best advice, ever.
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Old 11-06-2007, 04:18 PM   #44
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Only at the request of strippers offering me free lap dances if I do.
I take you to be that type of person


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If what bluewave18 stated does not go against the story given here, and both the story given here and the one bluewave18 stated do not contradict each other -- that tends to make both of them fair versions of the truth.
Sure it could be a LOGICAL and FATHOMABLE reason for him to have over-accelerated, but he did not state that as his reason for doing so. Which leads me to fully believe that is NOT the reason why he did it. Soooo, just because he could say it and get away with it DOES NOT MAKE IT TRUE. Comprende?

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Yes, that was a general statement.
Good.

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Yes, did not maintain proper distance from person in front.
Hmmm, nope. Sure you're required to keep a safe distance from the person infront of you, but what's really safe? I'm not Cleo, I don't know how fast that truck is going to come up behind me. Maybe I should stop 100 feet back so that way when your drunk (leaving the strip club ) rams me at 80mph it's not "my fault" for sliding into the guy infront of me Too many variables, if someone hits someone and *pushes*(ie:brakes locked and sliding) them into someone else then it is the original vehicle's fault.

~Keith
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Old 11-06-2007, 04:54 PM   #45
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I take you to be that type of person
Yes, I like sexy women and am not afraid to admit it!

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Originally Posted by DvlRacer View Post
Sure it could be a LOGICAL and FATHOMABLE reason for him to have over-accelerated, but he did not state that as his reason for doing so. Which leads me to fully believe that is NOT the reason why he did it. Soooo, just because he could say it and get away with it DOES NOT MAKE IT TRUE. Comprende?
Motives and speculation at motives makes something neither true nor untrue. The SUV driver could easily have had the motive of trying to run him down. He could have had the motive of trying to get away. He did not list his reasoning nor his motives for the over-acceleration. With the limited information provided, the best we can hope to do is to apply a little logic and reasoning behind the events. We will just have to disagree that the application of logic and reasoning makes something untrue.

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Hmmm, nope. Sure you're required to keep a safe distance from the person infront of you, but what's really safe? I'm not Cleo, I don't know how fast that truck is going to come up behind me. Maybe I should stop 100 feet back so that way when your drunk (leaving the strip club ) rams me at 80mph it's not "my fault" for sliding into the guy infront of me Too many variables, if someone hits someone and *pushes*(ie:brakes locked and sliding) them into someone else then it is the original vehicle's fault.
This is one reason they (BRC/MSF) teach keeping a bike in first gear at a red light with space to maneuver. That is to ensure that you can get out of the way in case someone behind you doesn't stop.

Again, we will have to disagree. I enjoy following the law, and thus do not drink and drive -- and obey the Texas statute of Following Distance to the best of my ability:

545.062. FOLLOWING DISTANCE. (a) An operator shall, if following another vehicle, maintain an assured clear distance between the two vehicles so that, considering the speed of the vehicles, traffic, and the conditions of the highway, the operator can safely stop without colliding with the preceding vehicle or veering into another vehicle, object, or person on or near the highway.

However, to get us back off of this thread's derail, you are agreeing with the point for this thread's defense:
The SUV pushed the motorcycle (sideways) into the car. Thus the motorcycle should not be liable for the damages to the car.

I think we can both agree that we do not consider adequate stopping distance when being pushed sideways.
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Old 11-06-2007, 05:13 PM   #46
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Motives and speculation at motives makes something neither true nor untrue.
I could have sworn I saw him say he "accidentaly" accelerated too quickly, I traced back and did not find it although what he says implies that it was an accident and the crashing was totally his fault. If in fact he was trying to escape a following SUV then I apologize.


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This is one reason they (BRC/MSF) teach keeping a bike in first gear at a red light with space to maneuver. That is to ensure that you can get out of the way in case someone behind you doesn't stop.
This is a great practice that could save your life, but if you fail to get out of the way in time and are hit and slung into the car infront of you I see no way how it could be your fault. Even if you did pull up too close to the car infront of you, none of the events would happen if the person behind you had stopped in time.


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545.062. FOLLOWING DISTANCE. (a) An operator shall, if following another vehicle, maintain an assured clear distance between the two vehicles so that, considering the speed of the vehicles, traffic, and the conditions of the highway, the operator can safely stop without colliding with the preceding vehicle or veering into another vehicle, object, or person on or near the highway.
THIS I like to see. It clearly says that the follower(in this case the SUV driver) should leave himself plenty of space to avoid objects on the roadway(the motorycle). I think this would be his best bet in court. Although if he was charged with driving wrecklessly I still think they will, unfortunately, rule in the SUV's favor(whether it be just or not).

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I think we can both agree that we do not consider adequate stopping distance when being pushed sideways.
It's all depends on the context of the incident. I do not know enough about yamaR to know what type of rider he is, nor do I know the SUV driver. I think this could easily go either way and I'm interested to see the outcome

~Keith
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Old 11-06-2007, 09:46 PM   #47
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the wreckless driving charge it seems was based on the suv drivers statement.if so no problem.one word against another.if rider told cops he pulled the slap inducing wheelie he has issues.it will be used against him.if that charge sticks other might also.he has to beat the wreckless driving.
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