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Old 03-07-2018, 06:58 AM   #1
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Two Riders Taken Out

Pretty sure it was the driver's fault: https://twitter.com/CourtneyABC13/st...40653828427776

A motorcyclist is in the hospital after he and a friend on a second bike were both hit by a car, merging from Yale Street onto the westbound lanes of the North Loop.

We're told that driver also had a child in the back seat when this happened.

http://abc13.com/same-driver-hits-2-...rash-/3184949/
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Old 03-07-2018, 11:39 AM   #2
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Why wouldn't the driver be charged? Looks like a rear end collision. Pretty cut and dry IMO.
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Old 03-07-2018, 11:53 AM   #3
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Why wouldn't the driver be charged? Looks like a rear end collision. Pretty cut and dry IMO.
A traffic accident is not a criminal offense unless the driver was drunk. You can't be charged for being a stupid head up your idiot.
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Old 03-07-2018, 12:17 PM   #4
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Failure to control vehicle. That is a charge.

Add bodily injury. I'm no lawyer (but I play one on the internet)
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Old 03-07-2018, 12:17 PM   #5
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Quote:
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A traffic accident is not a criminal offense unless the driver was drunk. You can't be charged for being a stupid head up your idiot.
No way!!

So... if you are driving a car and hit a motorcyclist and kill it, you don't go to jail?
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Old 03-07-2018, 12:26 PM   #6
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No way!!

So... if you are driving a car and hit a motorcyclist and kill it, you don't go to jail?
Same as if you accidentally run over a child crossing the street or hit someone in a car causing it to flip and killing someone, unless you're drunk. Unless someone witnessed you being reckless or racing, it's not a crime. You're still negligent and can have the sued out of you, but you don't go to jail.
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Old 03-07-2018, 02:51 PM   #7
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Same as if you accidentally run over a child crossing the street or hit someone in a car causing it to flip and killing someone, unless you're drunk. Unless someone witnessed you being reckless or racing, it's not a crime. You're still negligent and can have the sued out of you, but you don't go to jail.
Bullshit run over a cop for doing a illegal uturn and see what you get charged for
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Old 03-07-2018, 03:17 PM   #8
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When I got hit there was no cop in sight, when he show up the lady was charged with "failure to control speed" as the cop worded it. So I'd say you can be charged with something if there is no cop to witness it.
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Old 03-07-2018, 03:42 PM   #9
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The only crime they would charge you with is criminal negligent homicide, and that's only if you are found to be impaired while driving, and a grand jury would have to indict you. You guys are confusing citations, which we get all the time for a criminal act. If that were the case, we would all be criminals. In civil court you can still be found liable if the jury agrees that you are at least 51% responsible for causing the accident.
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Old 03-07-2018, 03:48 PM   #10
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to throw another monkey in pool. What if you are speeding or stunting but sober and accidently hit someone what is that?
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Old 03-07-2018, 04:01 PM   #11
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Quote:
Originally Posted by gixxerbill View Post
to throw another monkey in pool. What if you are speeding or stunting but sober and accidently hit someone what is that?
If your actions are deemed unsafe and unreasonably dangerous and meet certain criteria then yes you can be charged criminally. Just think anything to do with road racing is considered criminal and often times would meet those certain criteria. You just need to ask yourself would a prudent driver excessively speed or race, in the end it's all up to a grand jury and the DA if they want to bring charges.
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Old 03-07-2018, 04:13 PM   #12
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Quote:
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If your actions are deemed unsafe and unreasonably dangerous and meet certain criteria then yes you can be charged criminally. Just think anything to do with road racing is considered criminal and often times would meet those certain criteria. You just need to ask yourself would a prudent driver excessively speed or race, in the end it's all up to a grand jury and the DA if they want to bring charges.
guess I will be more safe while stunting or speeding then. Sorry for the two people taken out.
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Old 03-07-2018, 04:16 PM   #13
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Quote:
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When I got hit there was no cop in sight, when he show up the lady was charged with "failure to control speed" as the cop worded it. So I'd say you can be charged with something if there is no cop to witness it.
That's a ticket. That's not a criminal charge. It doesn't mean the driver in this story was not ticketed.
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Old 03-07-2018, 04:18 PM   #14
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Quote:
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to throw another monkey in pool. What if you are speeding or stunting but sober and accidently hit someone what is that?
If witnesses claim you were riding recklessly the cop might arrest you, then you get to work it out in court.
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Old 03-07-2018, 04:21 PM   #15
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Sorry for the two people taken out.
One rider was taken to the hospital with a serious head injury, the second rider was okay.
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Old 03-07-2018, 05:02 PM   #16
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Quote:
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guess I will be more safe while stunting or speeding then. Sorry for the two people taken out.
I handle mostly civil cases, insurance defense, so my scope of knowledge of the criminal side is limited. I can tell you one thing though, if you are stunting and kill someone and have witnesses to attest as much you are going to be arrested and charged in criminal court. You would not be acting as a prudent driver would you? Because stunting would be considered an unreasonably dangerous act. Just as if you would be driving double the speed limit, that too could be considered an unreasonably dangerous act.
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