Motorcylist hit by drunk driver negligent? How so?

[ArmyValker]

http://pulaskicountydaily.com/news.php?viewStory=1589

Widener’s lawyers objected to the punitive damage clause, filing an amended objection on Dec. 18 arguing that Nelson’s “damages and (his family’s) injuries and damages, if any, were solely caused by (Nelson’s) own negligence and fault.”

What the story DOESN'T say is that this guy (Widener) was drunk 3 TIMES the legal limit, with 3 prior DWI's, going the WRONG WAY on route 66, and ran over this motorcylist (whom I personally knew) killing him instantly.

And they say it's the motorcyclist FAULT?


And how the hell do you get involuntary manslaughter for killing someone while you were too drunk to drive?

I'm fit to be tied over this, I hope they fry the SOB.

[Jack]

When I was hit and run over 2 1/2 yrs ago, the police did not want to prosecute the drunk beyond writing him a ticket because I was on a motorcycle.  They said the accident would not have been as severe IF I had been in a car or truck.  It took MADD being on my side to have the drunk arrested and charged with a felony.  He will be getting out of prison on parole later this month.

[Oss]

that idiot that flew into the irs would have served the public better by dropping the drunk drivers out of his plane

Court should impose sanctions on the attorneys for filing frivilous papers and let some drunk drivers loose on them   A person is entitled to a defense, not a fairy tale

As an attorney $hit like this really t's me off sorry for the rant

[Mike M in ohio]

   While my situation was not as serious as above, I learned in '09, that sometimes, the law doesn't always work in your favor:
   Rounding a hard righthander in Vermont, I met up with an untethered COW standing broadside in my lane. I managed to swerve into the oncoming lane, avoiding the bovine, but then encountered the wide-eyed woman bearing down on me, head-on, in THAT leane. I somehow managed to adjust my weight, lean angle and countersteer like hell, and return to the right lane.....where I promptly rode over some road debris that caused me to slide sideways, across a T intersection...and slam into the guardrail.
   I awoke in the hospital with two broken ribs, a concussion, a fractured vertebre and counless cuts and bruises. A smiling State Trooper was there to greet me. In his hands, he had a bundle of metal pipes and angle iron. He explained that the woman who nearly ran over me, spotted the debris spinning in the roadway after I passed and went down. So, the objects probably contributed to my crash.
   I thanked him for pointing out that it wasn't all my stupidity.
   The officer added: "However, I'mm here to issue you your ticket for going throught the stop sign."
   After the shock wore off, I pointed out that, he admitted my fall (and slide through the sign) was partly caused by his community's lack of road cleaning skills. He then smiled and threw me a bone. "Because of that, I'll write that you didn't purposely RUN the sign, but rather, chose to avoid the traffic control device. It will only result in a small fine."
   The $150 fine, plus the $75 town processing fee arrived a few weeks later. I knew better than to question small town justice....and paid the monies promptly.

[ArmyValker]

   While my situation was not as serious as above, I learned in '09, that sometimes, the law doesn't always work in your favor:
   Rounding a hard righthander in Vermont, I met up with an untethered COW standing broadside in my lane. I managed to swerve into the oncoming lane, avoiding the bovine, but then encountered the wide-eyed woman bearing down on me, head-on, in THAT leane. I somehow managed to adjust my weight, lean angle and countersteer like hell, and return to the right lane.....where I promptly rode over some road debris that caused me to slide sideways, across a T intersection...and slam into the guardrail.
   I awoke in the hospital with two broken ribs, a concussion, a fractured vertebre and counless cuts and bruises. A smiling State Trooper was there to greet me. In his hands, he had a bundle of metal pipes and angle iron. He explained that the woman who nearly ran over me, spotted the debris spinning in the roadway after I passed and went down. So, the objects probably contributed to my crash.
   I thanked him for pointing out that it wasn't all my stupidity.
   The officer added: "However, I'mm here to issue you your ticket for going throught the stop sign."
   After the shock wore off, I pointed out that, he admitted my fall (and slide through the sign) was partly caused by his community's lack of road cleaning skills. He then smiled and threw me a bone. "Because of that, I'll write that you didn't purposely RUN the sign, but rather, chose to avoid the traffic control device. It will only result in a small fine."
   The $150 fine, plus the $75 town processing fee arrived a few weeks later. I knew better than to question small town justice....and paid the monies promptly.

Wow. That's ridiculous.

[highcountry]

   While my situation was not as serious as above, I learned in '09, that sometimes, the law doesn't always work in your favor:
   Rounding a hard righthander in Vermont, I met up with an untethered COW standing broadside in my lane. I managed to swerve into the oncoming lane, avoiding the bovine, but then encountered the wide-eyed woman bearing down on me, head-on, in THAT leane. I somehow managed to adjust my weight, lean angle and countersteer like hell, and return to the right lane.....where I promptly rode over some road debris that caused me to slide sideways, across a T intersection...and slam into the guardrail.
   I awoke in the hospital with two broken ribs, a concussion, a fractured vertebre and counless cuts and bruises. A smiling State Trooper was there to greet me. In his hands, he had a bundle of metal pipes and angle iron. He explained that the woman who nearly ran over me, spotted the debris spinning in the roadway after I passed and went down. So, the objects probably contributed to my crash.
   I thanked him for pointing out that it wasn't all my stupidity.
   The officer added: "However, I'mm here to issue you your ticket for going throught the stop sign."
   After the shock wore off, I pointed out that, he admitted my fall (and slide through the sign) was partly caused by his community's lack of road cleaning skills. He then smiled and threw me a bone. "Because of that, I'll write that you didn't purposely RUN the sign, but rather, chose to avoid the traffic control device. It will only result in a small fine."
   The $150 fine, plus the $75 town processing fee arrived a few weeks later. I knew better than to question small town justice....and paid the monies promptly.

"To serve and protect"   At least that is what is written on the side of their units here.

Glad to hear that you survived to ride another day.

[Mo Lee]

http://pulaskicountydaily.com/news.php?viewStory=1589

Widener’s lawyers objected to the punitive damage clause, filing an amended objection on Dec. 18 arguing that Nelson’s “damages and (his family’s) injuries and damages, if any, were solely caused by (Nelson’s) own negligence and fault.”

What the story DOESN'T say is that this guy (Widener) was drunk 3 TIMES the legal limit, with 3 prior DWI's, going the WRONG WAY on route 66, and ran over this motorcylist (whom I personally knew) killing him instantly.

And they say it's the motorcyclist FAULT?


And how the hell do you get involuntary manslaughter for killing someone while you were too drunk to drive?

I'm fit to be tied over this, I hope they fry the SOB.

Yea I've been following this myself, no one in their right mind could put any blame on Coach for this accident. He was actually my next door neighbor even though he was 1/2 mile away I don't remember ever meeting him but we always exchanged waves when he passed the house.
 

[ArmyValker]

http://pulaskicountydaily.com/news.php?viewStory=1589

Widener’s lawyers objected to the punitive damage clause, filing an amended objection on Dec. 18 arguing that Nelson’s “damages and (his family’s) injuries and damages, if any, were solely caused by (Nelson’s) own negligence and fault.”

What the story DOESN'T say is that this guy (Widener) was drunk 3 TIMES the legal limit, with 3 prior DWI's, going the WRONG WAY on route 66, and ran over this motorcylist (whom I personally knew) killing him instantly.

And they say it's the motorcyclist FAULT?


And how the hell do you get involuntary manslaughter for killing someone while you were too drunk to drive?

I'm fit to be tied over this, I hope they fry the SOB.

Yea I've been following this myself, no one in their right mind could put any blame on Coach for this accident. He was actually my next door neighbor even though he was 1/2 mile away I don't remember ever meeting him but we always exchanged waves when he passed the house.
 

Really good guy. Things like this make you really pay attention out there. Every time I ride by Pepper's I think about what happened.