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        New Message Board Archives >> 2007 General Board Posts >> rite of way
        
(Message started by: cootie on Aug 13^th, 2007, 11:23pm)

Title: rite of way
Post by cootie on Aug 13^th, 2007, 11:23pm

A close old friend that moved to Georgia years ago called Sunday morning......he was leaveing sumones cookout with his family and 'accidentally' pulled out in front of a young guy on a crotch rocket that was goin well over 100 mph.....the kid on the bike slammed into the van and died. There was a dip on down the road that hid the bikes view (a case of real bad timeing no doubt)......the friend and family are ok but the friend had had around 5 beers that was driveing dureing the day which makes matters alot worse. Do you think they will throw the book at him ? He said neighbors had been complaining about the kid on the bike cuz of his raceing up and down the road at high speeds but either way that is anouther issue. The kid had only had the bike about two weeks and was around 22. Can the friend get a devorse NOW to save his assets to give the wife and boys so they don't loose it all....is that legal 'after the fact' ? We are so worried.....such a nice guy and family to have this happen but then sumone else also LOST a son in this mess. The friend figures he will go to prison........what an aweful thing to happen to everyone involved !!!!! He is on house arrest now while a special task force sorts thru all the facts. And there is alot of issues with 'rite of way' goin on in the motorcycle world to make matters worse cuz of vehicles pulling out in front of them not stopping long enuff looking out for them or anyone else for that matter. This friend also rides......but why is it legal to sell a dam crotch rocket to a young kid SPECIFYING it goes 140 mph....THAT should be illegal in my book. No need for that kinda speed potential on our roads and highways !!!! Esp in the hands of a young person with no expirience and the need for speed ! Stop look and listen Pam

My dialup is running at 4.8 kpbs tonight and I got lucky to even get on here....sorry I haven't been around.....slow dialup sucks !!!! Hope all of you are doin GREAT.......just wonder'd if anyone had any insight......your all my book of knowledge !!!!

Title: Re: rite of way
Post by Turts on Aug 14^th, 2007, 12:44am

terribly sad news for all involved. my thoughts and prays go out to both the victims family and your friend.

terrible tragedy.

did your friend get charged with anything yet since he is on house arrest?

over here i'd image he would get charged with DUI (at the scene) and negligent driving occasioning death.

i am also a rider (2003 yellow triumph RS) and understand how this could happen so quikly.

regardsless of the speeds capable of the bike, if the guy was licenced i dont think it will matter to the courts.

:'(

Turts

Title: Re: rite of way
Post by cootie on Aug 14^th, 2007, 1:06am

Far as I know as of Sunday at least when he called he hadn't been charged YET but was under arrest and sent home.......he had been sent to the hospital at the scene for blood tests and sum sort of special task force people were called in to work on the details at the scene. I suspect he will get sum form of accidental homicide (is that what they call it ?) thrown at him with a side order of DUI. Sorry if that didn't make sense but Brad talked to him and told me what he heard. It doesn't sound good tho in any way shape or form. Our friend is a big family man......he has two sons around 15 and 17 and horses and nice place. Took him years to get what he has now......he's also doing blacksmithing. (Brad taught him alot of what he knows now) Do they put you in jail when that sort of thing happens once the tests come in......do you sit in jail till a trail or how do they work that ? Do they have a trail ?? I don't think he was "drunk" at all tho.....but by law....."probly" !!!! Ya mite be allowed a beer an hour (depending on yer size and weight) but alot of people leave after they set the last one down and hit the road. Anyhow.....just very sad ordeal cuz several families have been ruin'd. I hate to say it but it's a very easy thing to have happen or do. We ride also......everyone is just in too much of a dam hurry these days Pam

Title: Re: rite of way
Post by jimmers on Aug 14^th, 2007, 12:39pm

I think he'll have to wait and see what the BA test says. 5 beers doesn't necessarily mean he was intoxicated. How much time did it take him to drink the 5 beers? Did he eat while he was there? How much time elapsed from his last beer until the incident?

It takes time for alcohol to get absorbed into your system. That is why the cops always wait a while before testing peoples blood for alcohol if they have the inkling that someone has been drinking.

If I drank 6 beers in an hour, I'll guarantee I will not be impaired on minute 61, but give it another hour and I would be. Just a few thoughts

Hopefully all will turn out OK!

Jimmers

Title: Re: rite of way
Post by cootie on Aug 14^th, 2007, 2:50pm

Thanx so much guys....I thought maybe a few of you MITE have a little bit of insight on this from police force work or court system knowledge. And me and Brad been so worried about it I thought I'd ask ya all.......but yeah it really does matter if he drank the beers stretching them out or chuggin one setting it down then leaveing like alot of people tend to do. It was a cookout so imagine they ate....and am sure if he was there all day he stretched the beers out. But they have stopped here when in town visiting and both of them guys drink alot one after the other....they don't appear drunk or nothing but seem to steady drink when visiting then hitting the road. (NOT drunk....but still) I didn't know if the kid on the bike goin over 100 mph had anything to do with the 'case' or lowering the verdict....I beleive he was goin 120 mph if I remember rite cuz it shocked BOTH of us ! And he had several complaints on that road from neighbors cuz of his EXCESSIVE dangerous speeding on the bike....so there should be reports documented. A good lawyer will sort it all out....but a bad one will go for blood and sue the pants off my friend too later NO DOUBT just cuz he can. Then there are lawyers that advertise to sue in accidents and state they will do it and not charge you till you win. So this may not be over.....till it's over Pam

I just can't imagine the stress of all this....and am sure it will drag out for a long time. I just don't think I could handle it myself !!!! I feel so bad for them !!!! Thanks again guys !!!! He was talking about checking into starting a devorse process JUST to be able to give sum of his stuff or monies to the wife out of his name verses it all be available to be taken completely. I dunno if that'd even work or be a good idea.

Title: Re: rite of way
Post by deltadarlin on Aug 14^th, 2007, 3:51pm

Cootie,
Laws may differ somewhat from state to state (and it depends on whether you live in a community property state or not), BUT, I would make a fair guess that even if he got a divorce, the courts would still come after the property. It's sorta like with elderly parents who want to protect their assets if they go to a nursing home. They give their house/property to the kids. However, in a lot of states, a certain time period has to pass before the state won't come after the property.

'darlin

Title: Re: rite of way
Post by Turts on Aug 14^th, 2007, 3:54pm

I can see the potential financial securities to a divorce however id careful about a divorce.

It could show a life of turmoil to the courts,

say DUI, accident, divorce-then investigate prior background of marriage as too why getting a divorce

as apposed to

loving, caring family man, accidently has 1 too many beers on 1 occasion, followed by a terrible accident and family sticks together for support.

just my thoughts

Turts

Title: Re: rite of way
Post by Charlie on Aug 14^th, 2007, 4:00pm

Not sure about Georgia but my guess is that it's better that it happened there instead of NY. They go off the deep end here. I hope for your friend's sake that it can be proven that the biker was off the wall with his speed.

Charlie

Title: Re: rite of way
Post by cootie on Aug 14^th, 2007, 4:57pm

Never thougt of the devorse deal that way but figure'd it'd look bad when they realized why he did it......so not sure it'd even work to save sumthing for the wife and kids if he looses everything and goes to prison....am sure lawyer expenses would be HORRIBLE also let alone gettin sued by the young guys family on top of it all. The friend does have a record tho from many years passed.....will they look at that too I wonder ? NOT that it had a dam thing to do with the accident but they like to build a character to make the bad guy look even worse so they DO throw the entire book at him. He got into drugs many many years ago when he still lived in Ohio. He didn't go to jail that I can remember but did need to LEAVE town and did. He stayed outa trouble after that and built himself a life style bein a good guy. It'd of been say 20 years ago he got into trouble.....he was sorta dealin in drugs but did what he did leavein us out of it. His wife has a good job and he shoes and trims horses....does alot in his area. He was more or less a house husband raisein the boys so she could pursue her carreer and do good for them all. Be interesting how this all works out. Dare to care Pam

Title: Re: rite of way
Post by BMoneeTheMoneeMan on Aug 14^th, 2007, 7:38pm

It sounds like this is 2 different problems. The first one being that he was possibly DUI. That is black & white and sounds like it will go through the court system normally.
The second one is the accident. I think that he can REASONABLY say that he looked both ways, however, due to the blatant disregard of the rules of the road by the dead person, it made it impossible to safely enter the road even AFTER looking for traffic.
He would have to drink 5 beers within 60 minutes to blow a .08. It doesnt sound that that is the case either.

Title: Re: rite of way
Post by Jonny on Aug 14^th, 2007, 8:56pm

on 08/14/07 at 19:38:25, BMoneeTheMoneeMan wrote:

He would have to drink 5 beers within 60 minutes to blow a .08. It doesnt sound that that is the case either.

Im not being the prick I usually am, B$, but can you back that up with info?

I disagree, it seems to me (and just to me) that...that is alot in one hour not to blow a .08.

Hey, ive been wrong before but I dont think so this time.

Title: Re: rite of way
Post by Maffumatt on Aug 14^th, 2007, 9:06pm

He will probable get a vehicular manslaughter charge on top of the DWI, I think the time (if any) will depend on his history.

Title: Re: rite of way
Post by Redd on Aug 14^th, 2007, 9:17pm

Rule of thumb chart.

Drinks
/
hour Estimated Percentage of Blood Alcohol Content %BAC
MALE Weight in Pounds
100 120 140 160 180 200 220 240
1 .04 .03 .03 . 02 .02 .02 .02 .02
2 .08 .06 .05 . 05 .04 .04 .03 .03
3 .11 .09 .08 .07 .06 .06 .05 .05
4 .15 .12 .11 .09 .08 .08 .07 .06
5 .19 .16 .13 .12 .11 .09 .09 .08
6 .23 .19 .16 . 14 .13 .11 .10 .09
7 .26 .22 .19 . 16 .15 . 13 .12 .11
8 .30 .25 .21 .19 .17 .15 .14 .13
9 .34 .28 .24 .21 .19 .17 .15 .14

Title: Re: rite of way
Post by BMoneeTheMoneeMan on Aug 14^th, 2007, 9:41pm

on 08/14/07 at 20:56:02, Jonny wrote:

according to the class i had to take to get my license to serve alcohol, they say 1 drink is about .02 for the average size person. If you drink 5 drinks, that would take you to .10, but you also burn 1 drink every hour, so that should take you back down to .08

Of course this varies with every person. For example, if I had 3 drinks in 1 hour, I would probably be so drunk I would puke. I weigh 200 pounds.

Title: Re: rite of way
Post by Jonny on Aug 14^th, 2007, 9:57pm

on 08/14/07 at 21:17:46, Redd wrote:

Rule of thumb chart.

Drinks
/
hour Estimated Percentage of Blood Alcohol Content %BAC
MALE Weight in Pounds
100 120 140 160 180 200 220 240
3 .11 .09 .08 .07 .06 .06 .05 .05

For some reason I dont believe that ;)

3 beers in one hour will put a 160 pound dude over .08

Title: Re: rite of way
Post by cootie on Aug 14^th, 2007, 10:56pm

Here's a few upgraded facts.....the kid on the bike was supposidly goin 130 mph when he collided with the van's wheel well.....but they say he was goin in access of 150 mph till he had to slow down and realized he was gonna get his clock cleaned ! If he'd of hit the door of the van he'd of maybe went rite thru it killin the friend and wife and who knows. Anyhow......my friend went back to the site and his ins co was there and sum SKIRT team doin big time investigative work ? Not sure what a skirt team is.....he said they were no ordinery team of investigators. The kid had had about 5 other complaints of raceing up and down the road at HIGH rates of speed. Sum sort of bike he was on that goes VERY fast.....the ins co told our friend the life expectancy of one of them bikes is only about 3 months ?? Apparently whom ever buys them buys them for SPEED and wrecks or kills themselves totallying the bike. WHY hell is it legal to sell that kinda machine to be on OUR ROADS we share all together in life.....esp to a young kid lusting to go fast as he can ? Brad brought it up to a govener dude at a meeting why they don't require a special lisence for them type bikes where the owner has had so many years rideing expirience and been evaluated or tested sumhow in safety and mental state. The guy said it is discrimination NOT to let it be legal to own or sell or make such vehicles for the public. Not heard anymore details on the case tho but thought I would update what I said before cuz I didn't have the speed correct and left out a few things that were interesting.

Also.....here in Ohio it's a DUI.....you can get nailed for anything that impairs includeing meds !!!! If you are on pain meds (esp oxycontin I hear) ins co's will have a HAY DAY if they find out sumone was on it and had an accident and may not cover you. And here there is no figureing out the ratio of body weight cuz they will give you a DUI if you had one beer all evening. Sort of like zero tolerence I guess.....most of our friends are afraid to have one drink when out cuz of it. We used to go out and have dinner and a beer or two and sit and talk then go home and NO WAY DRUNK but were afraid to do that now. Course now ya can't smoke either.......not inside anywhere. What's next Pam

I'll keep ya's posted if I hear anything else about this mess........

Title: Re: rite of way
Post by rolo65 on Aug 15^th, 2007, 1:00am

Don’t the cops call those guys organ donors? Very unfortunate and could happen to anyone with a speed crazed kid on a crotch rocket! It's just dumb to do that anywhere thats not closed off for that reason!