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Old 26-07-11, 04:22 PM   #31
Littlepeahead
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Default Re: Motorcyclist left paralysed sues two schoolgirls

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Originally Posted by tactcom7 View Post
I knew I should have sued the hotty in the mini that i was staring at when i threw my 24 hour old ZX-10r under the saab in front
In that case Ravingdavis will probably sue me for injuries sustained when as I whack him on the shoulder for looking at pretty girls when I'm on the back of his bike and I'm convinced he's not paying attention to the road.

As motorists/motorcyclists it seems we are expected to insure ourselves against hitting others, yet if they cause the accident they remain blameless. So cyclists, pedestrians and stray dogs can roam as they please knowing full well they can cause an accident and walk away with no responsibility which doesn't seem right.
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Old 26-07-11, 04:23 PM   #32
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Default Re: Motorcyclist left paralysed sues two schoolgirls

this will be intersting as there was a precident set that as pedestrians are the most vanerable users of paths and roads if they are involved in an RTA they cannot be held responsible irresepective of the circumstances,

I think this is justified as his own insurance should wouldnt pay out as they dont for damage to yourself in an accident unless you have additionally personal injury insurance.

I think he is right in what he is doing and I reckon of they had just caused him to drop the bike then it wouldn't be an issue but because of the severity of the problem he feels he needs to sue..

one to watch me thinks.
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Old 26-07-11, 04:26 PM   #33
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Default Re: Motorcyclist left paralysed sues two schoolgirls

Where theres blame theres a claim.We usually have no shortage of posts on here denigrating this attitude but it would appear this case is different?Why?I dont know but perhaps its because he is a biker and we feel he should get compensated because it could happen to any of us?
One thing does occur though.I have no sympathy for insurance companies,but I would feel well p1ssed off if I had to fork out to cover the actions of my policy holders kids miles away from the home where I thought I was insuring them if I was the underwriter.
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Old 26-07-11, 04:35 PM   #34
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Default Re: Motorcyclist left paralysed sues two schoolgirls

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Originally Posted by 454697819 View Post
this will be intersting as there was a precident set that as pedestrians are the most vanerable users of paths and roads if they are involved in an RTA they cannot be held responsible irresepective of the circumstances,

I think this is justified as his own insurance should wouldnt pay out as they dont for damage to yourself in an accident unless you have additionally personal injury insurance.

I think he is right in what he is doing and I reckon of they had just caused him to drop the bike then it wouldn't be an issue but because of the severity of the problem he feels he needs to sue..

one to watch me thinks.
Ahh but is that precedent both civil AND criminal.

It will be heard in a civil, not criminal court.
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Old 26-07-11, 04:50 PM   #35
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Default Re: Motorcyclist left paralysed sues two schoolgirls

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Had they been adults I would agree, and whilst yes they should have known better, I am not particularly sure we should be suing juveniles...(and yes I realise they are now legally adults but they were children in they eyes of the law at the time of the incident)..
I managed to not cause anyone to crash horribly throughout my entire teenage years despite spending most of them from about 13 onwards p*ssed as a newt.

I kinda ran some iPod wearing d*ck over, his first words on getting up when I was nice enough to stop and check he was ok; "you ran me over, I'm going to sue you" . I didn't give him chance to but if you consider the situation if I'd dropped the bike or swerved into some of the waiting cars he'd stepped out from between, if I'd hit him he would probably still get compensation.
I f***ing hate pedestrians who don't watch where they're going, there should definitely be something to balance the books. Possibly by just banning ambulance chasing scumbags. You should NOT be getting any compensation for being careless! Same with these "driving at 31mph KILLS YOUR CHILDREN" ads, why don't they teach kids not to walk out in front of cars?
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Old 26-07-11, 04:53 PM   #36
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Default Re: Motorcyclist left paralysed sues two schoolgirls

Good luck to him. As a pedestrian you have to take some responsibility when you leave your area (the pavement) and head out into the road which is designed for motorised (or cycles I guess) vehicles.
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Old 26-07-11, 04:59 PM   #37
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Default Re: Motorcyclist left paralysed sues two schoolgirls

This guy should sue imo, if it was the other way round, even if he hadnt been to blame, the pedestrian would expect compensation, so why not the rider when they ARE to blame, no brainer for me.
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Old 26-07-11, 06:17 PM   #38
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Default Re: Motorcyclist left paralysed sues two schoolgirls

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Its a sad accident that has left a man paralyised but lets have some common bloody sense.
There lies the issue, it wasnt an accident. If the girls had not stepped into his path, he wouldnt have swerved and lost control. If the girls had crossed at a crossing or a safe place this thread and the bikers actions wouldnt have started.

The biker deserves something for the injuries he has suffered due to the girls actions. Maybe there is a case for lack of obs by him, unless someone there testifies exactly what happened we will never know the full facts. Was he filtering too quickly for the conditions and density of traffic or incorrectly positioned on the road to leave him a no way out scenario? Was the van that ran over him speeding and the driver of that vehicle is as or more guilty than the girls?

If the biker had hit one or both of the girls there would have been an anti biker campaign by their families even if the biker wasnt at fault.

Being in the state he is in now must be terrible and something, i dont know what though, should be done to help.
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Old 26-07-11, 06:32 PM   #39
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Default Re: Motorcyclist left paralysed sues two schoolgirls

Was replying to the post above that is no longer there, saying the girls were not to blame, Course they are, they started the chain that led to his injuries, although he should of been aware of the possibility of pedestrians around buses, as said we don't know the full facts to be able to judge who was in the wrong, but some one is.

Last edited by Bluefish; 26-07-11 at 06:35 PM.
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Old 26-07-11, 06:33 PM   #40
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Default Re: Motorcyclist left paralysed sues two schoolgirls

It is sad and I feel for the rider, but what if this was your daughter??? They were both children at the time and have probably suffered enough. Has the rider claimed on his Personal Accident cover? That's what it is for, not suing a child for a judgement error. We all take a risk every time we get on a bike no matter how much you try and reduce that risk by riding well, you will always have to accept that others are not quite as perfect...
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