Indirectly causing cyclists death :driver charged?
08-29-18, 10:15 AM
#51
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I hope we aren't blaming the victim here
After all she's dead and can't tell her side of the story.
Also, the driver that run her over was DUI and the driver that caused her to swerve was illeaglly parked at a bus stop and pulled into the bike lane without looking.
Of course there are times the cyclist at fault, but I doubt this is one of them.
Also, the driver that run her over was DUI and the driver that caused her to swerve was illeaglly parked at a bus stop and pulled into the bike lane without looking.
Of course there are times the cyclist at fault, but I doubt this is one of them.
One thing I was thinking about this accident.
Australians drive on the left.
It took me a long time to get good at glancing over my left shoulder and keeping riding straight.
I find it much more difficult to look over my right shoulder (for example, merging from a center merge/turn lane).
So, even if the young woman was a very experienced rider, everything would have been backwards for her.
Australians drive on the left.
It took me a long time to get good at glancing over my left shoulder and keeping riding straight.
I find it much more difficult to look over my right shoulder (for example, merging from a center merge/turn lane).
So, even if the young woman was a very experienced rider, everything would have been backwards for her.
09-12-18, 07:03 AM
#52
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Interesting follow uo
Cops, investigsting unit wanted to arrest uber driver who caused her to via from her lane. DA refused to prosecute!
Very surprising given the mayors words on the topic.
https://www.google.com/amp/s/nypost.com/2018/09/11/mom-of-dead-tourist-cyclist-rips-cy-vance-for-not-filing-charges/amp/
Very surprising given the mayors words on the topic.
https://www.google.com/amp/s/nypost.com/2018/09/11/mom-of-dead-tourist-cyclist-rips-cy-vance-for-not-filing-charges/amp/
09-12-18, 07:29 AM
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Generally, no intent = no criminal liability. Which is as it should be, IMO.
There are probably some very good reasons for this too. What if a bicyclist runs a stop sign, and a car avoiding them runs over a child and kills them. In this situation, the DA should charge the cyclist with murder? I would hope not.
Vance’s office said it didn’t charge Peralta because state law doesn’t allow for a criminal charge of a driver who has not made contact with any other vehicles or people.
09-12-18, 08:14 AM
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Sorry, Cy Vance has a history of non-prosecution of people in motor vehicles killing people. The farcical "not made contact with any other vehicles or people" is a willful gross misreading of New York State law.
DA's matter people.
-mr. bill
DA's matter people.
-mr. bill
Last edited by mr_bill; 09-12-18 at 09:41 AM.
09-12-18, 09:26 PM
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Bs
Was in a court case in syracuse where a doofus was aggressively swerving and caused a accident with no contact. Found guilty. Must be a NYC thing.
09-18-18, 04:46 PM
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https://www.nytimes.com/2018/09/17/n...ike-trial.html
Mr. Lewis has pleaded not guilty to charges he failed to yield to a bicycle, a misdemeanor crime under New York’s right of way law, and failed to exercise due care and caused serious physical injury. He rejected a no-jail plea deal that included a $1,000 fine with an attitudinal driving program and a six-month license revocation. He faces 30 days in jail if convicted.
He was not even charged with a manslaughter, and still he rejected the deal. This means he thinks he do better than the offered deal.
A tiger will not run after a mouse. The amount of meat a mouse has will not justify the energy spent to catch it. Here small amount of meat = mild sentence, not the murder. Should the DA lose the case, he will look like an idiot.
Was it a civil or a criminal case?
09-18-18, 07:59 PM
#57
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criminal
criminal
It can be the case that it is hard to convince the jury. The case of the bus driver who killed Dan Hanegby is heard now:
https://www.nytimes.com/2018/09/17/n...ike-trial.html
Mr. Lewis has pleaded not guilty to charges he failed to yield to a bicycle, a misdemeanor crime under New York’s right of way law, and failed to exercise due care and caused serious physical injury. He rejected a no-jail plea deal that included a $1,000 fine with an attitudinal driving program and a six-month license revocation. He faces 30 days in jail if convicted.
He was not even charged with a manslaughter, and still he rejected the deal. This means he thinks he do better than the offered deal.
A tiger will not run after a mouse. The amount of meat a mouse has will not justify the energy spent to catch it. Here small amount of meat = mild sentence, not the murder. Should the DA lose the case, he will look like an idiot.
Was it a civil or a criminal case?
https://www.nytimes.com/2018/09/17/n...ike-trial.html
Mr. Lewis has pleaded not guilty to charges he failed to yield to a bicycle, a misdemeanor crime under New York’s right of way law, and failed to exercise due care and caused serious physical injury. He rejected a no-jail plea deal that included a $1,000 fine with an attitudinal driving program and a six-month license revocation. He faces 30 days in jail if convicted.
He was not even charged with a manslaughter, and still he rejected the deal. This means he thinks he do better than the offered deal.
A tiger will not run after a mouse. The amount of meat a mouse has will not justify the energy spent to catch it. Here small amount of meat = mild sentence, not the murder. Should the DA lose the case, he will look like an idiot.
Was it a civil or a criminal case?
06-14-19, 11:12 PM
#59
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I just remembered this accident and looked up for any news, found this January article Truckie who killed Aussie in NYC gets just $1k fine
The truck driver was fined $1,000 and 1-year license suspension. but the Uber driver, who caused the victim to veer into the vehicle lane, was not charged.
The truck driver was fined $1,000 and 1-year license suspension. but the Uber driver, who caused the victim to veer into the vehicle lane, was not charged.
Ms Lyden’s mother, Amanda Berry, was furious prosecutors did not charge the Uber driver.
The NYPD also wanted the Uber driver charged, but Manhattan District lawyer Cy Vance said “a gap in the law” meant he could not because state law did not allow for a criminal charge of a driver who has not made contact with other vehicles or people.
The NYPD also wanted the Uber driver charged, but Manhattan District lawyer Cy Vance said “a gap in the law” meant he could not because state law did not allow for a criminal charge of a driver who has not made contact with other vehicles or people.
06-15-19, 09:11 AM
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If a driver ran a red light and car, avoiding a collision, hit a cyclist, wouldn't you want the offending driver charged?
06-15-19, 06:11 PM
#61
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Since the victim was not in a car, none of the drivers will be convicted for her death but charged with a minor offence. At least that appears to be the trend.
https://www.thestar.com/news/gta/2019/06/13/negligence-charge-withdrawn-against-former-model-accused-in-fatal-cabbagetown-hit-and-run.html
https://www.cbc.ca/news/canada/toronto/gideon-fekre-sentenced-1.4412121
https://www.thestar.com/news/gta/2019/06/13/negligence-charge-withdrawn-against-former-model-accused-in-fatal-cabbagetown-hit-and-run.html
https://www.cbc.ca/news/canada/toronto/gideon-fekre-sentenced-1.4412121
Last edited by Daniel4; 06-15-19 at 06:17 PM.
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