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It could happen to you
mangogrooveworkshop - 22/1/09 at 04:07 PM

Found this thread on PH and think its some thing we should all keep in mind.

Read and post your thoughts on this lads experience of it all going wrong.

The bit about what was posted on the web being used against him is another point to discuss.
So read....... absorb........and discuss


Linky It could happen to you link

[Edited on 22-1-09 by mangogrooveworkshop]


McLannahan - 22/1/09 at 04:28 PM

Interesting stuff that - sent a bit of a shiver down my spine!

Does anyone know what became of him? Is he still in prison? Chap he hit make a better recovery?


mookaloid - 22/1/09 at 04:30 PM

At the risk of repeating myself

I firmly believe the only safe place to get any where near to the limits of a cars performance (particularly our cars) is on a track.

It's not so much that they are too fast for the driver (which they can be) but other road users don't understand their capabilities either, so what might seem like a safe overtaking manouver to us looks like lunatic driving to 'normal' road users.

Any way that's why I'm building my indy for the track only.

Just my 2p worth

Mark

edited to correct spelling

[Edited on 22/1/09 by mookaloid]


nick205 - 22/1/09 at 04:31 PM

Certainly makes you reflect on yourself.

I'm sure most on here would admit to the odd moment of stupidity behind the wheel.


02GF74 - 22/1/09 at 05:18 PM

saw that on another site; then someone pointed out that you should drive or ride at the speed you can stop in, in case there is an obstacle in the road.

now discuss.


nick205 - 22/1/09 at 05:22 PM

quote:
Originally posted by 02GF74
saw that on another site; then someone pointed out that you should drive or ride at the speed you can stop in, in case there is an obstacle in the road.

now discuss.



That's very true, but also pretty difficult to maintain at all times.


omega0684 - 22/1/09 at 05:23 PM

i only had to read the first paragraph to make my decision that he was clearly in the wrong! what was he doing straddling the white lines in the road so close to a blind bend? sorry but he admitted it himself! he caused a serious accident and IMHO he deserves everything he get's!


BenB - 22/1/09 at 05:59 PM

There but for the grace of God go I etc etc....

then again people do drive like numpties.
Kudos on the bloke for putting it on the web so other people coule learn from his mistake.


madmandegge - 22/1/09 at 06:26 PM

quote:
Originally posted by omega0684
i only had to read the first paragraph to make my decision that he was clearly in the wrong! what was he doing straddling the white lines in the road so close to a blind bend? sorry but he admitted it himself! he caused a serious accident and IMHO he deserves everything he get's!


From what I read he was straddling them because he'd lost control of the car, and that's how it had come to rest?


eznfrank - 22/1/09 at 06:37 PM

quote:
Originally posted by McLannahan
Interesting stuff that - sent a bit of a shiver down my spine!

Does anyone know what became of him? Is he still in prison? Chap he hit make a better recovery?


Looks like he's out of prison by now. I looked him up on the net and he has a Facebook account (definitely him, GF with same name etc). Funny thing is there is literally nothing about it on the net anywhere, a bit odd really. There's usually a news article kicking around somewhere.


Meeerrrk - 22/1/09 at 06:41 PM

quote:
Originally posted by omega0684
i only had to read the first paragraph to make my decision that he was clearly in the wrong! what was he doing straddling the white lines in the road so close to a blind bend? sorry but he admitted it himself! he caused a serious accident and IMHO he deserves everything he get's!

yes its a sad situation for all, but its true, he did cause an awful accident and someone was seriously hurt. if it were a car coming the other way he'd probably be the one needing operations for years to come.
its quite close to my heart as my brother is in prison for a motorcycle accident which he caused (he was riding the bike) and the old lady he hit died. Yes its family and yes its sad, but everyone has to face the consequences of their actions. I hate it when people get caught for things (ie speeding etc) and say "how can i get out of it". you cant, you were caught, it was a risk you took, you knew the risks and implications of those risks, and now you have to face up to them.

its a decision we all take, consciously or subconsciously every time we drive in a manner other than 100% within the laws.

regards

mark


JoelP - 22/1/09 at 06:51 PM

quote:
Originally posted by omega0684
i only had to read the first paragraph to make my decision that he was clearly in the wrong! what was he doing straddling the white lines in the road so close to a blind bend? sorry but he admitted it himself! he caused a serious accident and IMHO he deserves everything he get's!



er... he crashed?

Its just like the countless people on here who lose control and spin, except a biker hit his wreck and nearly died.


iscmatt - 22/1/09 at 07:06 PM

quote:
Originally posted by eznfrank
quote:
Originally posted by McLannahan
Interesting stuff that - sent a bit of a shiver down my spine!

Does anyone know what became of him? Is he still in prison? Chap he hit make a better recovery?


Looks like he's out of prison by now. I looked him up on the net and he has a Facebook account (definitely him, GF with same name etc). Funny thing is there is literally nothing about it on the net anywhere, a bit odd really. There's usually a news article kicking around somewhere.



Are you accusing of a fake?!? Surely not!

Interesting read, he was clearly being stupid and he knows it and is serving his time - prison isn't supposed to be fun.


oldtimer - 22/1/09 at 07:10 PM

I have no sympathy for him what so ever. He was an accident waiting to happen, and it happened. If he had recovered the slide he would have carried on driving the same, and the crash would just have happened somewhere else to somebody else.

I hear very little sympathy for the lives he has ruined. Biker with a smashed body and limited employment prospects.

It could have been any of us coming the other way, child crossing the road, anything.

A real sentance? - 5 years hard labour, life ban on the road and have to financially provide for those he has hurt, for life.


mr henderson - 22/1/09 at 07:20 PM

I've been aware of the thread referred to for some time.

It's my opinion that the chap who caused the accident was dealt with harshly, because of the severity of the accident, which I think, as discussd in a thread on here recently, is unfair. Be that as it may, I also think the motor cyclist contributed substantially to the severity of the accident.

It's all very well to say that he should not have been confronted with a car coming towards him on the wrong side of the road, and indeed he shouldn't. But, FFS, he was riding a motorcycle! In other words, if anything bad was going to happen it was going to happen to him. What's the good of being in the right if you are also in hospital, severely injured?

John


eznfrank - 22/1/09 at 07:25 PM

quote:
Originally posted by iscmatt
quote:
Originally posted by eznfrank
quote:
Originally posted by McLannahan
Interesting stuff that - sent a bit of a shiver down my spine!

Does anyone know what became of him? Is he still in prison? Chap he hit make a better recovery?


Looks like he's out of prison by now. I looked him up on the net and he has a Facebook account (definitely him, GF with same name etc). Funny thing is there is literally nothing about it on the net anywhere, a bit odd really. There's usually a news article kicking around somewhere.



Are you accusing of a fake?!? Surely not!

Interesting read, he was clearly being stupid and he knows it and is serving his time - prison isn't supposed to be fun.


Not accusing him of being a fraud but I am surprised I can't find it anywhere.


Bigheppy - 22/1/09 at 07:25 PM

In a small town not far from where I live a man decided to commit suicide by jumping in front of a motorcycle. The motorcyclist despite severe debilitating injuries is being charged with MANSLAUGHTER !!!
How can this be, the man on the bike was not speeding and had tried to avoid the suicidal maniac. Its a mad world


mr henderson - 22/1/09 at 07:29 PM

quote:
Originally posted by Bigheppy
In a small town not far from where I live a man decided to commit suicide by jumping in front of a motorcycle. The motorcyclist despite severe debilitating injuries is being charged with MANSLAUGHTER !!!
How can this be, the man on the bike was not speeding and had tried to avoid the suicidal maniac. Its a mad world


Actually, when you think about it, he's only been charged, not convicted. Maybe the police thought that it was up to the court to decide who was guilty, rather then decide themselves.

John


eznfrank - 22/1/09 at 07:30 PM

I stand corrected - news linky


Howlor - 22/1/09 at 07:40 PM

If it were a middle aged lady with children who had spun on some ice and the motorcyclist hit her would she have received the same sentence? I think not.

If it is a blind bend should the motorcyclist have slowed to a speed were he could have stopped if there was a problem around the bend? Say animals in the road for instance?

Just my two penneth worth!

Steve


YQUSTA - 22/1/09 at 07:42 PM

Well for me I think back to all the nearly moments.

I am sure there are 1 or 2 people that never do anything wrong or never speed but for the most we have all had the heart stopping moment when you think 'that was close' or 'what if'.

Big credit to the guy for admitting what he did was wrong and taking his punishment then posting it for others to learn from.


Shadowcaster - 22/1/09 at 07:55 PM

quote:
Originally posted by YQUSTA
Well for me I think back to all the nearly moments.

I am sure there are 1 or 2 people that never do anything wrong or never speed but for the most we have all had the heart stopping moment when you think 'that was close' or 'what if'.

Big credit to the guy for admitting what he did was wrong and taking his punishment then posting it for others to learn from.


My sentaments exactly, none of us are perfect


oldtimer - 22/1/09 at 07:59 PM

I think accident is probably the wrong word for us to use here. He obviously condoned and drove in a way that endangered others. Finally he got caught out, and someone else has paid the bigger price for his bad driving.


JoelP - 22/1/09 at 08:02 PM

quote:
Originally posted by Howlor
If it were a middle aged lady with children who had spun on some ice and the motorcyclist hit her would she have received the same sentence? I think not.



Clearly a different case though, spinning on ice is not a crime and this poor chap had a lot of witnesses saying (rightly or wrongly) he drove like a lunatic.

If he lost control on a bend he clearly was going too fast, there's no way round that. I have driven in a manner that has shocked and scared many people, but ive never lost control by myself; indeed, ive never lost control at speed at all. The bottom line is he went too far. It doesnt matter what the witnesses say, though that is what damned him, the fact that he lost control is what started this sorry mess.


oldtimer - 22/1/09 at 08:08 PM

It is definitly a terrible mess.

But was the old lady an accident? well, like the speeding Honda, she failed to drive according to the road and prevailing conditions. Just as guilty in some eyes, just as innocent in others.....


Howlor - 22/1/09 at 08:14 PM

quote:
Originally posted by oldtimer
It is definitly a terrible mess.

But was the old lady an accident? well, like the speeding Honda, she failed to drive according to the road and prevailing conditions. Just as guilty in some eyes, just as innocent in others.....


I agree entirely.

Steve


Meeerrrk - 22/1/09 at 08:34 PM

quote:
Originally posted by Howlor
quote:
Originally posted by oldtimer
It is definitly a terrible mess.

But was the old lady an accident? well, like the speeding Honda, she failed to drive according to the road and prevailing conditions. Just as guilty in some eyes, just as innocent in others.....


I agree entirely.

Steve

agreed, but in that case you wouldnt have all the witness' saying the driving was so bad and all the background information on him. all this information was gathered and from that they drew up a character of him, that did him no favours!


David Jenkins - 22/1/09 at 08:38 PM

It's worth remembering that he admitted that he was wrong - he didn't try to justify his actions.

The so-called dodgy witnesses would only have affected the sentence, IMHO - and it is likely that his view of their evidence would be biased (or the judge would have thought him biased, which would have led to the same result).

It was a driving cock-up, with terrible consequences, and he knows it.


DIY Si - 22/1/09 at 08:49 PM

quote:
Originally posted by oldtimer
I think accident is probably the wrong word for us to use here. He obviously condoned and drove in a way that endangered others. Finally he got caught out, and someone else has paid the bigger price for his bad driving.


I find it very hard to agree with that. Do you mean to tell me that you have never, EVER been caught out? Never once, for example, missed a patchy bit of ice and had the tail step out, or the front slide wide? Accidents do happen, regardless.

One point I'd like to ask, how fast would the biker have to have been going for his bike to bounce 14 metres back down the road?

[Edited on 22/1/09 by DIY Si]


mediabloke - 22/1/09 at 09:07 PM

I don't think there's any doubt that the driver was in the wrong. Whatever the events that lead up to the accident, he lost control of his vehicle.

As Mr H suggested, as a road user (whether motorcyclist, driver or cyclist), if I collide with a stationary object - even if it's another vehicle - I have myself to blame. It's my responsibility to ensure that I am able to take any avoiding action.

I'm left with the feeling that it was 50:50, but we don't have all the info: to have the full picture, you need to know how long the crashed car had been stationary when the bike collided with it.

Another good post on an excellent forum.

[Edited on 22/1/09 by mediabloke]

[Edited on 22/1/09 by mediabloke]


JoelP - 22/1/09 at 09:56 PM

i would agree that you should never be in the situation where you could not avoid colliding with a stationary obstacle.

Shame he didnt dare say that in court though, but i suspect it would do him no favours.

[Edited on 22/1/09 by JoelP]


austin man - 22/1/09 at 11:18 PM

what caused him to lose control ??was it speed ? was it wet ? was it the old codger?

Weve all probably had it when overtaking in the kit cars some little half wit who starts to accelerate as you overtake just so he can tel his mates that his Sax Max just did a Westy.

Only 3 weeks ago I lost control of My Golf 1.8 turbo blacked out windows you know the kind, had I have hit anything im sure the onlookers would have said yeah he was going way to fast racing about and all. when in fact I'd pulled onto the roundabout from a standing start and hit a diesel patch 25 feet or so into the roundabout.

Had the individual been a seventy year old man in a vectra the outcome would have been a lot different I believe, he would have probably misjudged the bend rather than have been going too fast around it.

Just really unfortunate that some one got hurt, and the law at times can be reliant upon assumptions prejudice and stereotyping.


mediabloke - 23/1/09 at 12:01 AM

quote:
Originally posted by austin man
what caused him to lose control ??was it speed ? was it wet ? was it the old codger?


I guess we've all been there, but for the grace & all that... We have a choice, whether to overtake, what speed to drive at, where to position the car, etc. And I know I sometimes get it wrong. In this chap's case, he misjudged it - unfortunate, but he's still to blame for his bit of the collision. Had he not overtaken, would it have happened?
quote:
Originally posted by austin man
the law at times can be reliant upon assumptions prejudice and stereotyping.

Couldn't agree more. Less discrimination in all areas of the law could only be a Good Thing. Sex and race are frowned upon, yet age seems to be fair game.


oldtimer - 23/1/09 at 12:42 AM

DIY Si

You ask if I'd not ever had the back end step out or the front slide away, ever lost it, EVER.

Well, I've tested the traction and handling of vehicles. I've got to the point where the back is starting to go and, yes, pushed the front to the point where it's starting to slide. But, I've approached those situations with caution and controled them. That is entirely different to completely loosing it on a blind bend. I have had the advantage of having lived in remote parts of the world, driven and riden thousands of miles offroad, and experimented with handling where there was absolutely no risk to anyone but myself.

Have I ever lost it on the public road? No. No spins, no broadsides accross the other lane.

Being an ex firefighter also gives you a healthy respect for the damage that can be done by a moving vehicle.

Regards

Martin


eznfrank - 23/1/09 at 07:10 AM

Setting the "criminal" part of this case to one side I would be interested to see how the civil insurance side was settled. Quite often the civil outcome is entirely different to the criminal outcome. In this case the bike hit a stationery object and in most circumstances that would have him down as 100% at fault as long as the car owner did everything he could to minimise the risk. Interestingly (ish) though there is a caselaw which states that all road users owe a duty of care to careless drivers, in other words the biker should approach the blind bend with caution as someone may well have broken down/crashed etc on the other side.

In this case I wouldn't be at all surprised if the biker bore some (if not a significant amount) of the liability. May seem wrong but that's what tends to happen.


MikeCapon - 23/1/09 at 07:24 AM

quote:
Originally posted by mr henderson
I've been aware of the thread referred to for some time.

It's my opinion that the chap who caused the accident was dealt with harshly, because of the severity of the accident, which I think, as discussd in a thread on here recently, is unfair. Be that as it may, I also think the motor cyclist contributed substantially to the severity of the accident.

It's all very well to say that he should not have been confronted with a car coming towards him on the wrong side of the road, and indeed he shouldn't. But, FFS, he was riding a motorcycle! In other words, if anything bad was going to happen it was going to happen to him. What's the good of being in the right if you are also in hospital, severely injured?

John


Sorry Mr H but I have to say (remaining as polite as I can) that your reasoning is seriously flawed. Since when did your choice of vehicle determine the level of injury that you should expect to receive due to the error of another road user? If the biker had been on a bicycle should he expect to have been more or less badly injured? In a 7? Driving a bus?

I may have misunderstood but your logic seems to be that as the guy was on a bike he should expect to be injured as the result of another road user's mistake.

Perhaps you could explain that to us (and his kids)?


JoelP - 23/1/09 at 08:10 AM

it occured to me he wasnt prosecuted for the crash, just the dangerous driving that led to him spinning.

It does also imply that he was still wheelspinning when the bike hit him, so not as stationary as people make out.


oldtimer - 23/1/09 at 08:36 AM

I agree that the motorcyclist would have some degree of culpability if the vehicle were stationary in his path. However, I find it highly unlikely that that was the case. Firstly because i see no reason to believe the driver was stopped, up untill the crash he was tring to minimise his responsibility. Secondly, though I was a firefighter and not a crash scene investigator, I never saw an accident where the moving vehicle was bounced back in the direction from where it had come after hitting a unmoving car.


MikeRJ - 23/1/09 at 09:05 AM

quote:
Originally posted by David Jenkins
It's worth remembering that he admitted that he was wrong - he didn't try to justify his actions.

The so-called dodgy witnesses would only have affected the sentence, IMHO - and it is likely that his view of their evidence would be biased (or the judge would have thought him biased, which would have led to the same result).


That is the crux of the story which everyone bar yourself seems to have completely overlooked.

The guy fully admits the accident was his fault, he doesn't whinge about his punishment and he fully acknowledges that he seriously hurt, and nearly killed someone. From reading the (rather well written) diary it's plain to see the guy is pretty well educated, and certainly doesn't portray the typical scrote mentality that he is blameless and that it was someone elses fault.

I find it hard to understand how anyone can possibly get on their high horse and condemn his actions when he has already done that, very publicly, himself. He is clearly not trying to gain sympathy, but rather educate others by showing the potential consequences of their actions on the road.

If there is a lesson to be learned here, it's to be very aware of the impression your driving gives to others. If you are involved in an accident, even one that is not your fault, biased testimonies (and downright lies) from other drivers you may have passed previously will cause you big problems.

[Edited on 23/1/09 by MikeRJ]


mr henderson - 23/1/09 at 09:12 AM

quote:
Originally posted by MikeCapon


Sorry Mr H but I have to say (remaining as polite as I can) that your reasoning is seriously flawed. Since when did your choice of vehicle determine the level of injury that you should expect to receive due to the error of another road user? If the biker had been on a bicycle should he expect to have been more or less badly injured? In a 7? Driving a bus?

I may have misunderstood but your logic seems to be that as the guy was on a bike he should expect to be injured as the result of another road user's mistake.

Perhaps you could explain that to us (and his kids)?


Yes, you very definitely have misundertood me. Never mind, I will see if I can find a different way to say what I believe.

It may be that you think that I think that the driver of the car should have less blame, that the motor cyclist should have more. Not so. The actions and behaviour of the motor cyclist should have no bearing on the case against the car driver, and I am sorry if you thought that was what I was implying.

However, being in the right is not such a marvellous place to be if you are also in hospital fighting for your life, is it?

In my own personal opinion there are only three reasons for riding a motorbike on public roads, and sharing those roads with car and lorry drivers of a wide range of abilities and attitudes-
1) In order to save money (bikes use less petrol etc)
2) In order to save time (bikes can get through traffic more easily)
3) For fun

Now, IMHO, those reasons don't outweigh the clearly observable fact that if there should be a coming together of motorbike and larger vehicle, for whatever reason, the motorcyclist is going to come off worse, and will probably end up in hospital or dead.

The only way to reduce the chance of those unpleasant outcomes, if the rider is going to go ahead and take his bike onto the road, is to ride in a way and at a speed where he can see that he will be safe. Was this chap doing that? Neither you nor were there, so we can't say, but there would seem to be a prima facie case that he was not.

Whatever we think of the motorcyclist, though, should have no bearing on the car driver's punishment, because I believe that the severity of the injuries should have no bearing on the punishment either.

To assess a criminal's punishment on the basis of the severity of injuries to others is, in my opinion, very wrong, and turns our legal system into a lottery.

Supposing the car driver had lost control, and no motorbike had been coming around the bend? It's still the same crime, he lost control where he should not have. The crime took place, and was complete, before the consequences.

John