Isn't our legal system just great? all motorcyclists should read this

[mlsred]

Last October I was out on a club motorbike ride on the great ocean road when there was an incident involving a very nice old BSA (which had won a peoples choice trophy the day before) and a lunatic in a ferrari. When I rounded the corner all I could see was people and metal all over the road it was truly sickening.

I suggest reading through this article in the Geelong advertiser, I saw red after reading through this.
http://www.geelongadvertiser.com.au/article/2010/11/18/226761_news.html

And they bang on about the rising motorcycle road toll.

 

[hayden olsen]

you would have to think that the man driving the ferrari would of gotten more then a few fines, at least suspension of licence at the least, and to not even own up to it and do more then write a letter to the man you nearly killed is farkin ridiculous

 

[-Macca-]

Now that really pisses me off..

It's also one of the reasons I don't ride road much anymore.

 

[Sethius]

The judge going on annual leave to an exotic location now with all that extra coin?

 

[hayden olsen]

and also a $6000 fine to someone who can afford a ferrari is most likely nothing to him, but a 2 week comma and all the shit that his family went through is not very equal

 

[mlsred]

It's total bs Andrew is a really nice guy from the few times I have met him and it pains me to see him a club meetings still not being able to walk 100% and he's been told he will never ride a bike again.

 

[IronPony]

Why doesn't the motorcyclist use the legal system to sue the pants off the Ferrari driver for damages to his bike and personal suffering?

 

[mlsred]

Why doesn't the motorcyclist use the legal system to sue the pants off the Ferrari driver for damages to his bike and personal suffering?

apparently he can't because "justice" has been handed down by our legal system.

 

[taquar]

you would have to think that the man driving the ferrari would of gotten more then a few fines, at least suspension of licence at the least, and to not even own up to it and do more then write a letter to the man you nearly killed is farkin ridiculous

It just shows that some people are too damn prideful to own up to their own mistakes. He should have been banned from driving for something like that. It's seeing things like this that stop me from buying a road bike, even though I want one, I can't justify it when there will always be an idiot who comes along and nearly destroys your life.

 

[Cypher]

apparently he can't because "justice" has been handed down by our legal system.

Hmmm. I doesn't say specifically but it sounds like it went throught the criminal justice system. The motorcyclists still have the option of using the civil justice system - and being able to sue for damages.

 

[Spanky_Ham]

hmmm, its interesting...... there does seem to be a quite high correlation between the lawyer you can afford and the punishment you receive....

Spanky's family was on TV in the past few months, because some f*cking moran who drove through a red light and killed a relative. That fark tard and his family spent two years in court to get a slap on the wrist.

The fact the family of the f*cktard could afford the legal fees to keep on challenging any decision that was made...

Modern laws are twisted tot he rich

s

 

[floody]

In Tasmania a number of people have walked away with no conviction/minimal traffic infringements for causing deaths. In one situation, a driver looked to the left and slammed directly into a stopped car at 80kmh while looking away, killing an occupant in the parked car. The only applicable offence was "driving without due care and attention" a $110 fine and 3 points. I received the same sanction for briefly oversteering on a slippery concreted section of road in a downpour at ~30kmh.

In another situation, a driver fell asleep, crossed the centreline and collided head on with an oncoming car, killing its driver. The driver was deemed not at fault as they were asleep and hence not in charge of the vehicle, found not guilty, no sanction recorded.

Unfortunately for the law to work in a codified system like Tasmania's there will be situations where it just doesn't, because the nearest fit code will be too lenient or too harsh. However...Victoria is a common law state, and judges have considerably more latitude to be discretionary. I think in this situation a great injustice has been served.

 

[mittagongmtb]

Further details from Geelong Advertiser

 

[Cypher]

I know this will be contraversial, but it seems like a reasonable outcome (after reading the second article). It does appear that justice has been done - from the legal viewpoint.

Ignore for the moment the seriousness of the motorcyclists' injuries. The person who caused the accident agreed they were guilty and showed remorse. They got a fine and a good behaviour bond. This seems reasonable to me from a justice view point as it was a first time offence and a jail term would not serve the community any better (it would cost the community more).

The guilty person's insurance paid out the damages. This probably wont cover all of the motorcyclists' costs.

However part of me thinks that if you want to be a road motorcyclist, then you should get specific insurance coverage for such an event. Lets face it, riding any sort of bike on the road is dangerous (and yes I do ride a motorcycle also and have appropriate insurance coverage).

I am sure the whole event is personally devastating to the motorcyclists and their families. It is annoying that people don't take care on the road.

What more do you guys want?

 

[floody]

Ah second article certainly does clarify things.

In defence of the driver, it does sound like he has made a pretty significant effort to remediate the situation, above what the average person would.

The judge notes the same thing I did; best fit legislation unfortunately can't perfectly cover every eventuality.

 

[Registered Nutcase]

not to be a dick, but can the moto riders sue him for damages + trauma. I think in this case they should so he/his insurance should cover all their expenses untill they can work again.

 

[mlsred]

I know this will be contraversial, but it seems like a reasonable outcome (after reading the second article). It does appear that justice has been done - from the legal viewpoint.

Ignore for the moment the seriousness of the motorcyclists' injuries. The person who caused the accident agreed they were guilty and showed remorse. They got a fine and a good behaviour bond. This seems reasonable to me from a justice view point as it was a first time offence and a jail term would not serve the community any better (it would cost the community more).

The guilty person's insurance paid out the damages. This probably wont cover all of the motorcyclists' costs.

However part of me thinks that if you want to be a road motorcyclist, then you should get specific insurance coverage for such an event. Lets face it, riding any sort of bike on the road is dangerous (and yes I do ride a motorcycle also and have appropriate insurance coverage).

I am sure the whole event is personally devastating to the motorcyclists and their families. It is annoying that people don't take care on the road.

What more do you guys want?

What we want is a legal system that shows fit punishment for the circumstances, the motorcyclist has had his life changed forever, saying "i'm sorry" and throwing cash at the problem doesn't cut it with me.

Ah second article certainly does clarify things.

In defence of the driver, it does sound like he has made a pretty significant effort to remediate the situation, above what the average person would.

The judge notes the same thing I did; best fit legislation unfortunately can't perfectly cover every eventuality.

During the court case the drivers lawyer states "the drivers partner was undergoing chemotherapy and asked there be no interference with his licence" this statement is total bs the first thing he did when the smoke cleared was get out of the car and run, leaving his wife still inside the car.

 

[floody]

Punitive =/= retributive, you're bordering on eye for an eye, tooth for a tooth stuff here.

 

[mlsred]

Punitive =/= retributive, you're bordering on eye for an eye, tooth for a tooth stuff here.

not wanting eye for an eye here it just makes me wonder how he can still keep his license, i'm going to be losing my license for 12 months for going a few k's over the limit without so much as ruffling the hair on anyones head.

 

[daever]

It just shows that some people are too damn prideful to own up to their own mistakes. He should have been banned from driving for something like that. It's seeing things like this that stop me from buying a road bike, even though I want one, I can't justify it when there will always be an idiot who comes along and nearly destroys your life.

I think he didn't specifically say sorry or admit fault because it would open him up to more legal action. He probably had an expensive team of lawyers that argued it wasn't his fault somehow.