To: Gil4
Legally they're both at fault. The car Failure to Yield, the motorcycle Hazardous or Reckless Driving. I know that sucks but the driver of the car can't get off the hook by saying I didn't see the motorcycle. Its like saying I didn't see that Yield Sign.
60 posted on
11/30/2006 11:00:07 AM PST by
kempo
To: kempo
If the bike was doing 100, she may not have seen him.
63 posted on
11/30/2006 11:02:54 AM PST by
AppyPappy
(If you aren't part of the solution, there is good money to be made prolonging the problem.)
To: kempo
" I know that sucks but the driver of the car can't get off the hook by saying I didn't see the motorcycle. Its like saying I didn't see that Yield Sign."
With a motorcycle going that fast, a person could look left, then look right and not see him because he isn't there yet, look left again, pull out, and get slammed from the right.
76 posted on
11/30/2006 11:13:26 AM PST by
dsc
To: kempo
I don't know how long was the sight line from where she was pulling out but the rider was closing at a speed 80mph/25mph = 3.2 times that of the speed limit. She may have seen him way off in the distance but you can't fault her for not knowing that he was going to "get there" so fast. Under normal circumstances she probably had plenty of time to clear the intersection and therefore did yield. Or is yield supposed to mean don't move unless no one is in sight?
To: kempo
"Its like saying I didn't see that Yield Sign."
Except yeild signs don't travel and 100 mph.
83 posted on
11/30/2006 11:18:44 AM PST by
L98Fiero
(The media as a self-licking ice-cream cone)
To: kempo
Its like saying I didn't see that Yield Sign. Except the yield sign wasn't going 80 mph. I bike going that fast was not in the location that a reasonable peron would look for approaching traffic, and , depending on the intersection, may not have been visible at all at the time she made the decision to pull out.
Legally they're both at fault.
I'm not a lawyer, but I doubt it.
91 posted on
11/30/2006 11:25:14 AM PST by
Gil4
(This tagline for rent - cheap!)
To: kempo
but the driver of the car can't get off the hook by saying I didn't see the motorcycle
I agree with the principle, but not when the cycle is going 3x+ the posted limit. 2x the limit, maybe the car should be able to see or anticipate.
100 posted on
11/30/2006 11:35:35 AM PST by
Atlas Sneezed
(Your FRiendly FReeper Patent Attorney)
To: kempo
"The car Failure to Yield,"
I'll let you reason it out.
Say the estimated speed is 100mph which is 1.67 miles per minute. This further breaks down to 146.96 feet per second. You are on a low posted speed city street...what would you reasonably expect of a vehicle in the distance?
Oh, but he was only doing 80 mph. Okay then, 117.30 fps.
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