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Driver kills while license suspended,punishment... another suspended license.

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Driver kills while license suspended,punishment... another suspended license.

Old 10-28-19, 09:08 PM
  #1  
detroitjim
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Driver kills while license suspended,punishment... another suspended license.

Trucker With Suspended License Killed a Cyclist — And Got Only Another Suspended License


https://nyc.streetsblog.org/2019/10/...ended-license/


Unbelievable!
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Old 10-28-19, 11:30 PM
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Hearbreaking. This is why I ride in the far left side of the bike lane and sometimes, well into the actual vehicle lane, depending on what is going on. Dooring is a clear and present danger when riding in any urban environment. Insanely defensive riding is the only answer, in my opinion.
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Old 10-29-19, 12:08 AM
  #3  
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I didn't read the whole article but - the rider got doored and thrown into the path of a vehicle and the enemy is that vehicle, not the opener of the door?

I have long known that if I get doored with a vehicle behind me, I probably am going to die. Never expected them to suffer legal consequences. Always figured it was my duty to ride so I didn't get doored. I've been doored twice, decades ago. Both times I was thrown into the vehicle path. Both times I knew there was a car behind me; not very close but chose to pass the parked cars, both the sole parked car on the street and seeming unoccupied. Big mistake, Fortunately those following cars were not close and that wasn't an issue. The first time I was 14. The second was the big wake-up call.

From the link:

"The other driver involved in Padwee’s death — driver Louise Bien-Aime, who recklessly opened her door into the cyclist’s path — received even less of a punishment than Osorio-Torres. She also had her license suspended for 180 days, but the DA declined to prosecute her for illegally dooring Padwee — even though a video of the fatal incident shows Bien-Aime started the chain of events that led to Padwee’s death."

The bolded test is the real issue here. That driver made a choice that caused a death and was contrary to the law in every state I've lived in. The truck driver just happened to be in the wrong place. If he wasn't there, another vehicle might well have taken his place.

Ben
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Old 10-29-19, 01:14 AM
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As heart breaking as this is, you can't criminally prosecute every traffic accident. In every traffic accident, you can find negligence. There has to be gross negligence for manslaughter, not just negligence. In other words, the person has to have blatant disregard for the safety of others. Making a dumb mistake, even if it kills another person, is not criminal.

Civil liability is a different matter. Absolutely the one who opened the door should be sued for wrongful death.
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Old 10-29-19, 05:16 AM
  #5  
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The OP title is a little misleading. Regardless the persons responsibility, he ignored the first penalty so it MUST be escalated. This is just one example of the millions of paper cuts (the license violation) rapidly degrading at least the US. I could give dozens of examples just based on traffic behavior during my commute per day. Most basic of all, speed limits have become a waste of stamped metal. Not even getting into the typical more serious crimes you see on the news daily, the white collar crime that's often less prominent in the news, white collar behavior that's unethical, but perhaps not illegal. Unethical and illegal behavior by all political parties that often goes unpunished or minimally punished.
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Old 10-29-19, 11:32 AM
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Sheesh... sounds like they said, "Now don't do it again, or else we'll tell you not to do it again a second time."
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Old 10-29-19, 12:14 PM
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I feel sorry for the bicyclist, the drivers of the vehicles and the bicyclist's family but...

Riding at speed in the door zone. What could possibly go wrong?

#1. Bicyclist at fault for riding at speed in the door zone.

#2. Driver at fault for opening the door and thereby dooring the bicyclist.

#3. Driver of a a stopped truck at fault for not seeing the bicyclist knocked under the truck.

Of the three I think the driver of the truck was the LEAST at fault. Even had he been driving with a current license I doubt the outcome would have been any different. When ever I ride with a group or an individual and see people riding a bicycle in the door zone I try to warn them of the hazards of doing that. There are videos on You Tube that do an excellent job of showing just how far a bicyclist needs to be away from a parked vehicle in order to avoid being hit by a door that's suddenly opened.


and


Do NOT ride in the door zone!

Cheers
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Old 10-29-19, 12:18 PM
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Must be nice being able to keep a commercial driving job while your license is suspended.
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Old 10-30-19, 09:41 AM
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Looks like the reason drivers aren't being held accountable is that NY laws are toothless. This may change things.

https://nyc.streetsblog.org/2019/10/...s-accountable/


This statement is the best. You would hope that it invokes swift action.
Someone in New York City is equally as "likely to be killed by a car as he or she is to be murdered by a knife or a gun," says Manhattan DA Cy Vance."

— Vincent Barone (@vinbarone) October 29, 2019

You must ask "What took them so long?" (and yet it's only a proposed change) It hopefully will be fast tracked without being watered down.
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Old 10-30-19, 06:10 PM
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Originally Posted by detroitjim
Looks like the reason drivers aren't being held accountable is that NY laws are toothless. This may change things.

https://nyc.streetsblog.org/2019/10/...s-accountable/


This statement is the best. You would hope that it invokes swift action.
Someone in New York City is equally as "likely to be killed by a car as he or she is to be murdered by a knife or a gun," says Manhattan DA Cy Vance."

— Vincent Barone (@vinbarone) October 29, 2019

You must ask "What took them so long?" (and yet it's only a proposed change) It hopefully will be fast tracked without being watered down.
The one who should be held MOST ACCOUNTABLE in t his is the person who opened their car door, striking the bicyclist and deflecting him under the truck.

I've said it before and I'll say it again, DON'T RIDE IN THE DOOR ZONE!

Cheers
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Old 10-30-19, 06:24 PM
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Originally Posted by Miele Man
The one who should be held MOST ACCOUNTABLE in t his is the person who opened their car door, striking the bicyclist and deflecting him under the truck.

I've said it before and I'll say it again, DON'T RIDE IN THE DOOR ZONE!

Cheers
I agree. The truck driver's license status seems irrelevant to this incident.
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Old 10-30-19, 07:11 PM
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Originally Posted by bobwysiwyg
The truck driver's license status seems irrelevant to this incident.
It does seem irrelevant other than the fact the he shouldn't have been driving and that he dealt the lethal strike.

I suppose that it could be said that a prison escapee status of being an "escapee" is likewise irrelevant when he commits transgressions against society while out on the lam.
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Old 10-30-19, 07:47 PM
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Originally Posted by detroitjim
It does seem irrelevant other than the fact the he shouldn't have been driving and that he dealt the lethal strike.

I suppose that it could be said that a prison escapee status of being an "escapee" is likewise irrelevant when he commits transgressions against society while out on the lam.
It would NOT have mattered if the trucker had a current license. The death was caused by a motorist opening a vehicle door and deflecting the bicyclist under the truck. The truck driver would most likely still have been completely unaware that a person had been thrown under the truck.

Cheers
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Old 10-30-19, 09:01 PM
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Originally Posted by Miele Man
It would NOT have mattered if the trucker had a current license.

Cheers
Okay...just like it wouldn't have made a difference had he followed the law.

An argument can be made that all parties involved in an accident are at fault.
Had they NOT been at that place and time the accident would NOT have occurred. You Know!!!
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Old 10-30-19, 09:11 PM
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Originally Posted by detroitjim
Okay...just like it wouldn't have made a difference had he followed the law.

An argument can be made that all parties involved in an accident are at fault.
Had they NOT been at that place and time the accident would NOT have occurred. You Know!!!
The truck driver didn't do anything that actually contributed to the accident in t he first place.

Again. #1 . The bicyclist was riding in the door zone which is a risky place to ride a bicycle.

Again. #2 . the driver of the vehicle opened the door of that vehicle and knocked the bicyclist under the truck.

Again. #3 . The driver of the truck, not knowing the bicyclist was under the truck drove off.

Thus it can be seen from the sequence of events that even had the driver of the truck had a current license that the outcome of events #1 and #2 would have been the same. The bicyclist would still have been knocked under the truck and the truck driver would not have been aware of that.

Cheers
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Old 10-30-19, 09:55 PM
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You who are blaming the truck driver - I have a question for you. Have you been doored or watched a rider get doored? Do you have any idea how fast you get shot into the traffic lane? Opening car doors are basically catapults that change your forward speed to a toss into the car lane. The only defense a following driver has is to not be there. But their presence behind the bike is completely legal and can be entirely proper.

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Old 10-31-19, 10:47 AM
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The truck driver was 100% not at fault. IMO though if driving on a suspended license, should result in some minor jail time. When I'm biking in these type of streets, I do so slowly. People are going to mess up and throw their doors open at you. It will happen. Either stay far enough away, or go slower.
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Old 11-14-19, 04:31 PM
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Being a scofflaw and killing someone, he should have gotten at least 30 years in jail!!!!
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Old 11-14-19, 08:27 PM
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Originally Posted by rydabent
Being a scofflaw and killing someone, he should have gotten at least 30 years in jail!!!!
What about the person who opened the vehicle door and knocked the bicyclist under the truck? What about the bicyclist riding in the door-zone a fairly fast speed? There were three people involved in this incident but the truck driver was the LEAST at fault. Had the truck driver had a valid license the outcome would still have been the same = a dead bicyclist.

Don't ride in t he door-zone! If you do insist on riding in the door-zone then do so slowly so that you can stop instantly although evn that might not stop you from being deflected into traffic if doored.

Cheers
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Old 11-14-19, 08:40 PM
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Originally Posted by rydabent
Being a scofflaw and killing someone, he should have gotten at least 30 years in jail!!!!
30 years for driving without a license and being in the wrong place at the wrong time. Wow! Rydabent, would you be comfortable with getting a week behind bars for having an elderly woman bump into you, fall and break a bone while you are holding an overdue library book?
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Old 11-14-19, 08:59 PM
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Originally Posted by gear64
The OP title is a little misleading.
Did you even read the linked article?
The OP simply copied & pasted the article title.
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