Driver Hits Biker, Gets a Suspended License
#1
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Driver Hits Biker, Gets a Suspended License
Driver who hit and killed a female cyclist (also a medical Doctor) gets his license suspended for 3 months and a $1000 fine
https://www.pressherald.com/2019/02/...-for-3-months/
* Driver was driving in the direction of sunshine, said sunshine got in his eyes
* state law requires drivers who get sunshine in their eyes to at least slow down
* Doctor cyclist was wearing a helmet at the time of the crash
* Driver was slightly speeding and did not give cyclist the requisite 3 feet
“While the Coalition certainly appreciates that it is hard for the state and the court to arrive at appropriate penalties for a case like this, from our perspective, the decision does not adequately deliver justice and does not promote safe behaviour on Maine roadways,” Jim Tasse, advocacy director for the Bicycle Coalition of Maine, said in the release. “When a driver can’t see, Maine law requires the driver to slow down and/or stop his vehicle.”
https://www.pressherald.com/2019/02/...-for-3-months/
* Driver was driving in the direction of sunshine, said sunshine got in his eyes
* state law requires drivers who get sunshine in their eyes to at least slow down
* Doctor cyclist was wearing a helmet at the time of the crash
* Driver was slightly speeding and did not give cyclist the requisite 3 feet
“While the Coalition certainly appreciates that it is hard for the state and the court to arrive at appropriate penalties for a case like this, from our perspective, the decision does not adequately deliver justice and does not promote safe behaviour on Maine roadways,” Jim Tasse, advocacy director for the Bicycle Coalition of Maine, said in the release. “When a driver can’t see, Maine law requires the driver to slow down and/or stop his vehicle.”
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Wow --------------- license suspended for 3 months and a thousand dollar fine for killing someone. But if you do it with a gun or a knife, you get at least 30 years in prison. Why the difference?
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Must be the whole "Wow, I drive a car on that road every day, that coulda been ME" factor. I guess if you ever wanna kill your worst enemy, run 'em over with a car (preferably a 4 x 4) you'll only get a $1000 fine.
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Intent. Is there any evidence the driver wanted, let alone planned, to kill the cyclist?
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I'm not understanding why the profession of the deceased matters or the fact that they were wearing a helmet. Even if they were a fast food worker riding a BSO in flip flops they don't deserve to be killed by a driver who is still on the gas even though they can't see properly.
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I'm not understanding why the profession of the deceased matters or the fact that they were wearing a helmet. Even if they were a fast food worker riding a BSO in flip flops they don't deserve to be killed by a driver who is still on the gas even though they can't see properly.
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I'm not understanding why the profession of the deceased matters or the fact that they were wearing a helmet. Even if they were a fast food worker riding a BSO in flip flops they don't deserve to be killed by a driver who is still on the gas even though they can't see properly.
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Just my opinion: since the criminal justice system in Maine essentially slapped the hand for a criminally negligent homicide, I hope there is some justice for the family in a civil suit.
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Presumably the unnamed driver is getting a ride to work from someone. A real punishment would have been to order him to cycle to work for the next three months. You know, those winters up in Maine can be pretty harsh
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Driver who hit and killed a female cyclist (also a medical Doctor) gets his license suspended for 3 months and a $1000 fine
https://www.pressherald.com/2019/02/...-for-3-months/
https://www.pressherald.com/2019/02/...-for-3-months/
* Driver was driving in the direction of sunshine, said sunshine got in his eyes
* state law requires drivers who get sunshine in their eyes to at least slow down
* Doctor cyclist was wearing a helmet at the time of the crash
* Driver was slightly speeding and did not give cyclist the requisite 3 feet
“When a driver can’t see, Maine law requires the driver to slow down and/or stop his vehicle.”
There is only ONE fool-proof tactic for avoiding a smackdown while cycling around motor vehicles. Hint: NOT depending on motorists to do the right thing.
It's on us, not them. We pick our poison and take our chances out there.
Last edited by JoeyBike; 02-11-19 at 02:36 PM.
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A Somerville man behind the wheel when his pickup truck struck and killed a local doctor riding her bicycle in 2016 near her home in Windsor pleaded guilty late last month to a traffic infraction. The civil case was resolved in an agreement late last month between James M. Mayo, 23, and state prosecutors, with Mayo pleading to the civil charge of committing a traffic infraction causing death. He lost his license for three months and was assessed a $1,000 fine.
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Perhaps I'm splitting hairs but it looks like this death was made into a DMV-Traffic Court case?
A civil case would be a Wrongful Death lawsuit by the family for damages. The lawful presumption is the driver did not take proper precautions to drive safely.
A civil case would be a Wrongful Death lawsuit by the family for damages. The lawful presumption is the driver did not take proper precautions to drive safely.
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The Bicycle Coalition of Maine issued a news release this week expressing disappointment in the plea agreement and warning that the punishment “does very little to deter unsafe driving and perhaps may even encourage it in the future.”
I don't even know what to say about this. "Histrionic cyclists" is what most non-cyclists would say I bet.
It is a dangerous world on our nation's highways for every road user. When you venture out onto those roadways you ACCEPT those dangers by proceeding. Getting hit by a car under "honest" circumstances does not make the motorist a murderer or a negligent person. There are parameters established for true accidents. Accidents WILL happen out there. If we are not willing to surround ourselves with a steel exoskeleton then we are at greater risk of DEATH than those who drive metal boxes filled with air bags. Had she been driving a Suburban no doubt she would be alive today under the same accident circumstances. SHE made the decision to venture out "naked to the world" and at great risk. Sad she got killed but you can't blame the law abiding motorist 100% for the cyclists risky life choices. And the court agrees.
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I don't even know what to say about this. "Histrionic cyclists" is what most non-cyclists would say I bet.
It is a dangerous world on our nation's highways for every road user. When you venture out onto those roadways you ACCEPT those dangers by proceeding. Getting hit by a car under "honest" circumstances does not make the motorist a murderer or a negligent person. There are parameters established for true accidents. Accidents WILL happen out there. If we are not willing to surround ourselves with a steel exoskeleton then we are at greater risk of DEATH than those who drive metal boxes filled with air bags. Had she been driving a Suburban no doubt she would be alive today under the same accident circumstances. SHE made the decision to venture out "naked to the world" and at great risk. Sad she got killed but you can't blame the law abiding motorist 100% for the cyclists risky life choices. And the court agrees.
It is a dangerous world on our nation's highways for every road user. When you venture out onto those roadways you ACCEPT those dangers by proceeding. Getting hit by a car under "honest" circumstances does not make the motorist a murderer or a negligent person. There are parameters established for true accidents. Accidents WILL happen out there. If we are not willing to surround ourselves with a steel exoskeleton then we are at greater risk of DEATH than those who drive metal boxes filled with air bags. Had she been driving a Suburban no doubt she would be alive today under the same accident circumstances. SHE made the decision to venture out "naked to the world" and at great risk. Sad she got killed but you can't blame the law abiding motorist 100% for the cyclists risky life choices. And the court agrees.
#16
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Is it a conspiracy, no. But it is blatant ignorance at every level.
#17
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Is it a conspiracy, no. But it is blatant ignorance at every level.
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So what you're saying that everyone involved in the process, police, courts, judges, and the motoring public all operate on the unspoken assumption that, "Hey, lets get real here, we all know that loser on the bike was at fault just by being there, so lets go through the motions of investigating, before we ultimately find the automobile driver innocent."?
Since no one ever comes out and actually says this, there's no actual plan in place, so you couldn't call it a conspiracy. Other than a conspiracy of dunces, I suppose. It's undeniable that something similar to this happens, given case after case after case, from around the civilized world, where you see pretty much the same thing play out again and again.
Maybe in a way, it's simply a breakdown of how the justice system *should* operate, and represents a tyranny of the majority (car drivers) more than anything else.
Since no one ever comes out and actually says this, there's no actual plan in place, so you couldn't call it a conspiracy. Other than a conspiracy of dunces, I suppose. It's undeniable that something similar to this happens, given case after case after case, from around the civilized world, where you see pretty much the same thing play out again and again.
Maybe in a way, it's simply a breakdown of how the justice system *should* operate, and represents a tyranny of the majority (car drivers) more than anything else.
Last edited by Lemond1985; 02-12-19 at 04:58 AM.
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Read this about what it takes to get a settlement and what to expect: https://lawsuitinfocenter.com/car-ac...nt-settlement/
I know people are going to scream at me about what I've said but you all need to be rational and not get so emotional, the driver wasn't drunk, he didn't flee the scene, he cooperated with the police in every way, and according to the definition provided in the web site I gave it won't be classified as a wrongful death, but it could be if the attorney can win that argument, it was a tragic accident indeed but an accident nonetheless.
Due to the sensitive nature of what I've said, I will not respond to any rebuttals nor argue about it to anyone's response because I don't want to get banned for causing strife, and arguing about this isn't going to do a bit of good since no one here on this forum is invovled in the case and would know how it's going to play out. So as far as this thread is concerned I'm out of it because I know how some of you will get about my response.
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I don't think there is anything specific to cycling here. Deaths from traffic accidents seldom draw criminal penalties unless alcohol or extreme reckless behavior is involved. Doesn't matter if the victim is a cyclist, pedestrian or another driver.
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I think that's largely because it's so easy to claim something was purely accidental after the fact, when you were alone inside your vehicle when it happened, and the only other witness is dead. So if you ever wanna kill someone, use your car to do it.
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Ding Ding Ding! You got it!
Nothing helmet related proves anything. Cyclists not wearing helmets often survive and cyclists wearing helmets often perish.
Had the Doctor NOT been wearing a helmet there would have been a chorus of "If only she had been wearing a helmet!" around this place. "This proves that helmets save lives!" *burp*
You can search the Web for weeks and you will find ZERO conclusive evidence that helmets benefit anyone but helmet manufacturers. I believe a helmet my save you some stitches in your scalp, but you can't prove this either. Random statistics obtained under uncontrolled circumstances mean nothing. Helmet manufacturers wouldn't want the truth getting out anyway, which is why they don't sponsor MEANINGFUL studies, if such a thing is even possible.
Nothing helmet related proves anything. Cyclists not wearing helmets often survive and cyclists wearing helmets often perish.
Had the Doctor NOT been wearing a helmet there would have been a chorus of "If only she had been wearing a helmet!" around this place. "This proves that helmets save lives!" *burp*
You can search the Web for weeks and you will find ZERO conclusive evidence that helmets benefit anyone but helmet manufacturers. I believe a helmet my save you some stitches in your scalp, but you can't prove this either. Random statistics obtained under uncontrolled circumstances mean nothing. Helmet manufacturers wouldn't want the truth getting out anyway, which is why they don't sponsor MEANINGFUL studies, if such a thing is even possible.
Last edited by JoeyBike; 02-12-19 at 10:01 AM.
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Because the life of a cyclist is marginalized. First, courtesy of bias promoted by state governments in the application of the laws. Then courtesy of the weak sentences given out by the court system Then by the individual police departments who only give it full investigation. When a cyclist is killed riding on the road, or kills a pedestrian who was really at fault. Yet LEO's refuse to acknowledge that possibility. Lastly, The mooring public. Because they know. A cycling fatality will almost always be perceived to be the cyclist's fault.
Is it a conspiracy, no. But it is blatant ignorance at every level.
Is it a conspiracy, no. But it is blatant ignorance at every level.