675.cc • Triumph 675 Forum

No Justice Sometimes!

Discussion in 'Rants & Raves' started by Wyrm, Feb 14, 2013.

  1. What he said ^^

    The driver of the car was 100% responsible for ensuring it was safe to pull out - whatever the motorcyclist was doing.

    She got it wrong, she killed someone and yet still walked free.

    I would suggest the lesbian lover jibes are more to do with her arrogant demeanour having taken a life and the fact she continually lied to cover it up, rather than the fact she is a carpet muncher

    It's the CPS to blame for her walking away unpunished. Maybe they should be put on trial to judge their competence to continue in their role ?
     
  2. dyz

    dyz

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    Well, tell that to the biker.

    D41 does have a good point.
    Doesn't the UK highway code advise not to overtake on junctions?
     
  3. Its quite simple really, if you don't know, don't go. If you can't see clearly do not pull out. He was on the major road, she was on the minor road. This has become more to do with the CPS and their decision that there was not a good enough chance of a successful prosecution. That decision contradicts their own prosecutors code:

    There have been far too many cases over the last few years where SMIDSY has become a valid defense for causing serious injury or death. Only by there being more chance of going to court and facing punishment will drivers attitudes change and just maybe we will all be a little safer on the road.
     
  4. dyz

    dyz

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    Yes, within the law, you are correct. He was on the main road and had the right of way.

    Practically though, he is now dead.

    I'm not saying the car driver is not to blame, all I'm trying to say is don't put yourself in a position where others can't see you (like overtaking at junctions)
     
  5. D41

    D41

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    100% responsible?? I appreciate that POV but it's not strictly true...it works if everyone else on the road is driving/riding reasonably and in a manner to be expected, but fails if this is not the case.

    If this were not so, why do accident investigators often apportion blame to more than one party??
     
  6. Yes she was 100% responsible for making sure it was safe to pull out. You don't rely on anyone to tell you when it is safe to perform a manoeuvre - passenger, another car or even a policeman standing in the road directing you because they may have not seen or perceived a danger you have by taking a look yourself.
     
  7. D41

    D41

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    OK, I guess I phrased it badly...yes, someone is 100% responsible for making sure it is safe to pull out, but someone is not necessarily 100% responsible if it goes wrong.
     
  8. But then we go back to the unverified report regarding a truck or large van which it is suggested may have slowed to let her out. Those types of vehicle would have restricted her view of the road, for all she knew there could have been a car over taking of worse another truck so 'if you don't know, don't go' applies. If it had been a car then she could have potentially seen past it through the windows to see if her way was clear.
     
  9. That's nonsense. If she was signaled to pull out, then the guy must have been filtering. If this is the case then it's gotta be his own fault. She can't be expected to properly see a filtering bike behind other vehicles which is why bikers need to either not overtake on junctions, or do it slowly. If he was filtering at 30-40 mph past a junction, and managed to get taken out, then it's gotta be pretty much entirely his own fault. If it was reasonable to expect her to see him filtering then it would also be reasonable to expect bikers to filter past junctions at 40 mph without being ready to stop.

    Not getting taken out at a junction while filtering is 100% the bike riders responsibility.
     
  10. How hard is 'if you don't know, don't go' to understand? Say you have three doors in front of you, you know only one of them leads to safety, the others have sheer drops into an abyss right inside the doorway on the other side - do you quickly open the door and run through without looking? Or would you open the door and check carefully?
     
  11. dino

    dino

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    Filtering past a junction without being aware a car might turn or emerge is a pretty stupid thing to do.... mainly because people do not understand the law, even you, as a biker don't understand the law.

    If she cant see she should not go, the law clearly states that she is responsible 100% .......no doubt, no argument, unequivocally 100% her fault.

    You only see it that way because other drivers do not act according to the law, its a risk we take as bikers... looking out for and making allowances for others ignorance and stupidity.

    If it was a 36 ton artic she pulled out on then it would have been her death and her fault.

    She should be 100% aware that a motorcycle could be filtering past, after all it is perfectly legal for him to do so, and therefore drive accordingly.

    Just because its a bike doesn't alter the legal position and the CPS are guilty as hell of propagating the idea that's its OK to disregard the law and kill a biker.

    The CPS are saying we EXPECT every biker to make an allowance for an inconsiderate blind idiot behind the wheel, but its ok for a motorist to break the law and not consider that when emerging from a minor road there may be other vehicles, acting quite legally and overtaking.
     
  12. D41

    D41

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    Ok...so I'm sitting at a junction in the UK waiting to turn right in my minibus...visibility is excellent off to my left and there's no traffic to be seen. Off to my right there's a mild bend about 75 yards away that obscures my vision beyond that distance...no traffic is visible.
    The speed limit is 40mph and I decide it's safe to pull out......SPLAT!!....some twat on a 'Busa doing 130mph came round the turn and found out the hard way that it's not a good idea to speed past a junction.

    That's 100% my fault??....I don't think so.

    And I know you'll argue filtering past a junction isn't illegal, just inadvisable, but at the same time under the right conditions it could be considered 'driving without due care and attention', could it not??
     
  13. Wyrm

    Wyrm

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    If a lorry driver signalled her out then he is also to blame as he should have made sure it was clear before doing so.
     
  14. dino

    dino

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    Hyabusa man would be breaking the law.

    If you checked andhe was not in sight then you have complied with the law

    The car driver in the original case did not.

    In the scenario you describe of a blind junction, you would usually find warning signs or lowered speed limit
     
  15. dino

    dino

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    Morally yes, but legally no
     
  16. scaramanga

    scaramanga

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    even on hands free via the loud speaker people get prosecuted as in the laws eyes once you hold the phone to press the button to answer/make the call you are classed as using it how many times on the police programs on tv have you seen them stopping people for doing the exact same thing
     
  17. This is the regulation on mobile/handheld phones http://www.legislation.gov.uk/uksi/2003 ... ion/2/made

    Section 6 (a) is where a handheld phone is defined which is why people are prosecuted even just holding the phone to press the answer button or holding it while on speaker
     
  18. The petition has had a response from The Attorney General's Office:

    The CPS are in full arse covering mode now hoping they can sweep this one under the carpet
     

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