Driver intentionally hits motorcyclist and doesn't care

[Venix]

The motorcyclist was injured during the commission of a crime. Can you argue that point? Yes or no, c'mon, no caps, just fire up your brain for once and try to come up with a single intelligent answer to a simple question. Was the cyclist committing a crime when he got injured? Yes or no? You can do it, I have at least a tiny shred of confidence that you can handle something that idiot-proof.

lol, "commission of a crime"

In most states, minor traffic offenses like illegal passes are civil infractions, not crimes. Texas is an outlier that classifies traffic offenses as class C misdemeanors, but they're handled basically the same way other states handle infractions. Nobody calls traffic code violators "criminals."

 

[1sikbITCH]

So the driver intentionally running into him means nothing to you?

It means he's doing it wrong. He should have yelled YEEEEHAAAAW out the window while lassoing the biker.

Fail.

 

[1sikbITCH]

So the motorcyclist intentionally ignoring the laws and endangering everyone else on the road means nothing to you?


See how that works? Let me ask you, which person broke the law first? And would that person have been in a position to be hit if he didn't make the decision to intentionally break the law?

My previous smart-ass answer aside, a circular argument doesn't work here. Instead of filming the incident if possible and calling law enforcement the driver decided to take the law into his own hands and committed a felony in doing so. He was not coming to someone's aid or defending his life he just decided to run over the asshole biker and an innocent victim in the process. Two counts of attempted homicide.
Everyone should receive appropriate punishments all the way around.

 

[BassBomb]

In my opinion both are fuckwads, the driver obviously moreso because he is sad his peepee got stepped on for people disobeying the rules

And seriously those bikers driving WAY too fast (you can see it even in the parts prior to even coming to the pass)

 

[Humpy]

It probably wouldn't hold to that standard, close, but I doubt a good case could be made.

There's definitely intent to injure and a deadly weapon, but you'd have a hard time proving intent to kill. It'd most likely be assault with a deadly weapon, or one of the operating a vehicle while causing bodily harm type laws, depending on how the state defines them.

I only watched the video (When did this happen? Is there other info?) and I don't see how you can determine any intent at all just from that. Be honest with what you are seeing, this isn't P&N. All it actually shows is two vehicles and improper lane usage or what have you. Driving infractions that led to a collision. It happens all the time. That one of the parties "doesn't care" is barely material. The old codger was clearly distressed and maybe in some sort of shock and not totally aware of what he was saying.

You seem to know some lawyerly words and stuff. You couldn't come up with a decent defense for the driver? He saw a squirrel, was thinking of a last minute turn, was messing with the radio, etc. and accidentally ran into a motorcycle guy that reasonably shouldn't have even been where he was on a two lane road with double yellow lines?

Any assumptions made in this thread about criminality are laughable. I like to think that my fake online friends are smarter than that.

 

[AdamK47]

Even though he was passing on a double yellow, that motorcyclist is going to be getting a much deserved extra pay day.

 

[s0me0nesmind1]

I don't care either. It was an illegal pass, I don't have any sympathy for people injured as a direct result of breaking the law.

Not going to lie, I'm in about... 80% agreeance here. You are asking for trouble EVERY time you break the law. You doing illegal acts is basically acceptance "I could get in big trouble here, possibly injured - directly related to my illegal actions". However, that doesn't excuse the OTHER driver's behavior either, so I think both should have the book tossed at them.

Even though he was passing on a double yellow, that motorcyclist is going to be getting a much deserved extra pay day.

By whom? The broke ass dude that was a dick? Yeah, have fun trying to take nothing.

 

[KLin]

Not going to lie, I'm in about... 80% agreeance here. You are asking for trouble EVERY time you break the law. You doing illegal acts is basically acceptance "I could get in big trouble here, possibly injured - directly related to my illegal actions". However, that doesn't excuse the OTHER driver's behavior either, so I think both should have the book tossed at them.



By whom? The broke ass dude that was a dick? Yeah, have fun trying to take nothing.

Agreed. Shouldn't break the law with an illegal pass, but shouldn't break the law by committing assault with a motor vehicle by swerving into motorcyclist.

 

[pauldun170]

Even though he was passing on a double yellow, that motorcyclist is going to be getting a much deserved extra pay day.

Hopefully his passenger sues him for every last cent of it.

 

[Phoenix86]

I only watched the video (When did this happen? Is there other info?) and I don't see how you can determine any intent at all just from that. Be honest with what you are seeing, this isn't P&N.

How do you read these statements:

It probably wouldn't hold to that standard (attempted murder), close, but I doubt a good case could be made.

...you'd have a hard time proving intent to kill.

and think I was saying you could prove intent?

Which is why I said it would fall to a lesser crime. Assault with a deadly weapon, I said so in my first post.

So ticket the cyclist and put the old man in jail for attempted murder/assault with a deadly weapon.

 

[ImpulsE69]

I'm bringing it up because I think I saw some posts saying it didn't matter that the motorcycle guy was acting like a dick. Maybe I was wrong?

The motorcyclist is absolutely a contributor to what happened. Cautious, considerate people rarely put themselves in situations where shit like this happens. Idiots do it all the time and we've all seen it.

Since you quoted me I'll respond. I wasn't saying the motorcycle wasn't in the wrong (which I pointed out later). His actions did not justify the motorist actions which in the eyes of the law are far worse.

 

[Humpy]

How do you read these statements:



and think I was saying you could prove intent?

:|

Because when I read:

There's definitely intent to injure and a deadly weapon...

I wondered how you definitively determined intent to injure with a deadly weapon from just the video?

 

[JulesMaximus]

The motorcyclist shouldn't have been speeding and passing on a double yellow either.

What the motorcyclist was doing doesn't matter one bit. You cannot take the law into your own hands because you don't like what someone else is doing... even if it is something as major as a traffic violation.

 

[Phoenix86]

I wondered how you definitively determined intent to injure with a deadly weapon from just the video?

From the drivers mouth, his first words are:

Driver: "he was passing in a no passing zone."
Second cyclist: "What are you doing? You hit them!"
Driver: "I don't care... Double yellow line"

Why didn't he care? What does double yellow line and no passing zone have to do if it was an accident? That, and I watched the video where he obviously takes a swipe at him as he's passing. I think that's a pretty strong case.

 

[KeithP]

Most likely, but it doesn't remove the intentional vehicular homicide attempt.

Except you don't know that it was a homicide attempt. He could have swerved just to try to slow him down and accidentally hit him. The fact they he says "I don't care" means nothing as it doesn't speak to his intent. Most of the people that see the video won't care either.

-KeithP

 

[Fingolfin269]

I'm sure someone might be able to prove this from the video but...

Motorcycle guy says he did pass a double yellow. But he also says he wasn't speeding. Apparently the old dude had slowed down to about 40. He may be lying but I've been on those kinds of roads and it happens all the time.

You guys ever been on a 2 lane country road when some jack ass is going way under the speed limit? Get behind a tractor going 15 in a 55? Trust me, you'd pass over the double yellow at first (safe) opportunity too. And this was actually a safe pass until the old dude decided to go full retard.

Also, did anyone notice the old guy would reach back and scratch his ass every time he said "I don't care." Wonder if that's his poker tell.

 

[JulesMaximus]

I'm sure someone might be able to prove this from the video but...

Motorcycle guy says he did pass a double yellow. But he also says he wasn't speeding. Apparently the old dude had slowed down to about 40. He may be lying but I've been on those kinds of roads and it happens all the time.

You guys ever been on a 2 lane country road when some jack ass is going way under the speed limit? Get behind a tractor going 15 in a 55? Trust me, you'd pass over the double yellow at first (safe) opportunity too. And this was actually a safe pass until the old dude decided to go full retard.

Also, did anyone notice the old guy would reach back and scratch his ass every time he said "I don't care." Wonder if that's his poker tell.

Yes, I did notice that. I'm sure that old douche had a gun on him and I hope the law throws the fucking book through this guy's thick ass skull. Fuck him. Douchebags like this deserve to die.

I'll tell you this, I would not have been as cordial as the guy filming this was.

 

[MongGrel]

a blog called "lanesplitter"? posted on ATOT?

As much as I hate bikers doing that, this should be assault with a deadly weapon minimum on the cars part.

I'm sure someone might be able to prove this from the video but...

Motorcycle guy says he did pass a double yellow. But he also says he wasn't speeding. Apparently the old dude had slowed down to about 40. He may be lying but I've been on those kinds of roads and it happens all the time.

You guys ever been on a 2 lane country road when some jack ass is going way under the speed limit? Get behind a tractor going 15 in a 55? Trust me, you'd pass over the double yellow at first (safe) opportunity too. And this was actually a safe pass until the old dude decided to go full retard.

Also, did anyone notice the old guy would reach back and scratch his ass every time he said "I don't care." Wonder if that's his poker tell.

I grew up in a rural area, even on highways with tractors the farmers would pull and drive on the shoulder if they started having a line up start behind them on a double line zone. Most farmers have more common sense and courtesy than to do otherwise. Laws are laws though, they should both get penalized, the car driver more so. If the bike hadn't been out over a double line when he shouldn't have been it wouldn't have happened, irregardless of what the idiot in the car did.

 

[Jumpem]

What the motorcyclist was doing doesn't matter one bit. You cannot take the law into your own hands because you don't like what someone else is doing... even if it is something as major as a traffic violation.

Of course. I was just pointing out that the motorcyclist was not blameless.

 

[Phoenix86]

Except you don't know that it was a homicide attempt. He could have swerved just to try to slow him down and accidentally hit him. The fact they he says "I don't care" means nothing as it doesn't speak to his intent. Most of the people that see the video won't care either.

-KeithP

What's people's reaction to an accident? Check on the safety of others, and if they accidentally caused the accident, tend to be apologetic or remorseful. He does none of that.

His first reaction is to defense himself. Why? Because he felt justified due to 'no passing zone/double yellow line'. You don't defense yourself with that justification if it's simply an accident.

 

[Humpy]

From the drivers mouth, his first words are:

Driver: "he was passing in a no passing zone."
Second cyclist: "What are you doing? You hit them!"
Driver: "I don't care... Double yellow line"

Why didn't he care? What does double yellow line and no passing zone have to do if it was an accident? That, and I watched the video where he obviously takes a swipe at him as he's passing. I think that's a pretty strong case.

Assuming the driver thought he saw a sharp, shiny object in the road and quickly swerved to avoid it, his perspective is that if the motorcycle was not in an unexpected, illegal location then the collision could not have occurred. Therefore, he believes that the accident is not his fault and does not care about what video camera guy is accusing him of.

Based on the video, the above is a perfectly realistic scenario.

It is also entirely possible that the driver saw the rider approaching and made a decision in anger to swerve over.

You have decided that it is the second possibility. Me, being wise and unbiased, have decided that, without further information, both parties are equally at fault for failing to avoid an accident.

 

[SlitheryDee]

2 citations. Improper lane usage and attempted manslaughter. For some reason I feel just as irritated at the cyclist as I do the car driver though.

Everybody just goddamn do what you're supposed to do on the road.

 

[MongGrel]

So he swerved over a double yellow line himself in order to slow him down after driving 20MPH under the posted speed limit and was watching the guy in his mirror ?

Nope, no intent there.

The only shiny object he saw was a bike in the rear view mirror.

But that is just my opinion, and everyone has one of those.

 

[purbeast0]

Yes, I did notice that. I'm sure that old douche had a gun on him and I hope the law throws the fucking book through this guy's thick ass skull. Fuck him. Douchebags like this deserve to die.

I'll tell you this, I would not have been as cordial as the guy filming this was.

yeah i really have to give the filmer props for keeping his cool. he basically just went over there to get the license place and left. i think most people in that situation would have lost their cool a little bit and flipped out on the guy at least verbally, if not physically, especially after him saying he doesn't care.

if someone hit my brother or friend with their wife on the back, in a way that looked intentional, then say they didn't care, that would piss me off quite a bit.

 

[Fingolfin269]

As much as I hate bikers doing that, this should be assault with a deadly weapon minimum on the cars part.



I grew up in a rural area, even on highways with tractors the farmers would pull and drive on the shoulder if they started having a line up start behind them on a double line zone. Most farmers have more common sense and courtesy than to do otherwise. Laws are laws though, they should both get penalized, the car driver more so. If the bike hadn't been out over a double line when he shouldn't have been it wouldn't have happened, irregardless of what the idiot in the car did.

Yeah, cyclist can get his passing over a double yellow and the car driver can get attempted murder or whatever the heck intentionally hitting someone like that with intent to injure will draw. In addition to also intentionally crossing a double yellow. I'm ok with that.

Though to be honest I'm actually not 100% certain what the rule is on double yellow if the guy was seriously going as slow as claimed. I do know the car driver is (or should be) completely fucked.