Motorists save squid from getting killed in rush hour

[sjwaste]

Uh, no. My view is that it's the fallen motorcyclist's fault, not the people who stopped. Jules was able to understand that from my post, but apparently you never learned how to read.

The motorcyclist caused the accidents plain and simple. If one car spins out, hits a second car, and causes that second car to hit a third car, it's the first person who is liable for all damages, they don't go citing the guy in the second car for causing the damages to the third car. Similarly, in this case it was the motorcyclist's negligent actions which caused the chain of events that led to the stopped cars being rear-ended. The motorcyclist is, at the very least, partially liable for any damages caused to the vehicles which stopped to help him and arguably fully liable.

ZV

Might sound strange, but I'm not sure that he is. The people that stopped to help him had no duty to do so. State tort law might vary, but in general, the only way he's liable for their damage is if he put them in a position where they had to stop. Could very well be those drivers had no choice because he was blocking the road, so at that point, that would put the liability back on the rider.

Actually, this fact pattern is so ridiculous that it could be a first year torts exam essay.

 

[Stefan Payne]

Personally, I'd be going after the idiots who ran into my car.

Me too.

Especially 'cause there are manny *nice people* out there who doesn't keep the safety distance.
Some drive so close that I can't see their numberplating in the mirror...
Especially people driving vans doesn't seem to know what the safety distances are for...

 

[Zenmervolt]

Generally you're supposed to turn your lights on at night. I think it might actually be a legal requirement to have your headlights on. If someone couldn't see a freakin car stopped on the road, they should be charged with impaired driving and thrown in the drunk tank until they sober up.

At night people primarily identify other cars by the other car's lights, not by seeing the car with their own headlights. It is also incredibly difficult to judge the closing speed and distance of a point of light. Depending upon how the cars were positioned, the difficulty could well be exacerbated. It's not a matter of not seeing the stopped car, but rather a matter of how nighttime driving conditions can easily contribute to a misjudgment of the position of the stopped car, especially if the cars were stopped at angles or straddling lanes.

Regardless of police citation decisions, it's entirely possible, perhaps even quite likely, that the insurance companies will attempt to assign some of the fault to the drivers who stopped; insurance companies simply don't always follow the police report 100%. At that point, if I were an affected party, I'd damn sure be trying to find a way to go after the motorcyclist.

Might sound strange, but I'm not sure that he is. The people that stopped to help him had no duty to do so. State tort law might vary, but in general, the only way he's liable for their damage is if he put them in a position where they had to stop. Could very well be those drivers had no choice because he was blocking the road, so at that point, that would put the liability back on the rider.

Actually, this fact pattern is so ridiculous that it could be a first year torts exam essay.

True. I was thinking more from an insurance company standpoint. Still, there seems to me to be a reasonably strong argument that the drivers who stopped were doing the safest thing overall assuming that they only blocked the area of the road that the rider was in.

ZV

 

[SithSolo1]

I literally thought an octopus was on the highway. I was like WTF, I have to read this.

Since when are motorcyclists considered "squids" and why?

I thought the same thing.

Before clicking on the thread I was trying to picture A) how a squid managed to make it onto the road alive and B) why anyone would try to save it.

 

[Possessed Freak]

I thought the same thing.

Before clicking on the thread I was trying to picture A) how a squid managed to make it onto the road alive and B) why anyone would try to save it.

Glad I wasn't the only one. Was picturing some exotic life transport flipping over and a squid ejected from a flaming wreck. Motorists recognize the squid for a helpless critter and tasty treat, stop others from running it over so they can enjoy a feast.

 

[monk3yboy]

Zenmervolt, I live one exit away from where the accident occurred and there is more than enough light on 75 for the other drivers to see the stopped cars even without their headlights on. That and the fact, that normally the speed on 75 is usually rather slow. The speed limit is 60, although it is rare most people on the highway are even driving 60. I would put money on some or most people involved had had some amount of alcohol in the preceding hour due to the large number of bars in the surrounding area (which coincidentally is why I live around here).

If I had been one of the people who stopped, I would be going after the people who hit me. If I were one of the people who hit a stopped car, I would be going after the motorcyclist. Needless to say, the squids insurance is going through the roof. Just glad no one died.

 

[NoCreativity]

Still no excuse for hitting stopped cars. Drivers are expected to look more than 3 feet ahead of them,
snip

What fantasy world do you live in? Looking only 3 feet in front of them must be the rule as it seems most people follow it.

 

[grrl]

<Snip>

See also:

http://www.youtube.com/watch?v=wtofbxmlv8Y

>>The YouTube community has provided additional info on this celebrity rider. His name is "VERNON R WARD" and if you search The Florida Department of Law Enforcement you find a surprise. Or Google the words Florida 57147 and you'll get to see this "little stud's" face in another legal site!

LOL. The guy's a double loser.

 

[PlasmaBomb]

Gotta be honest though, even though I'd have been one of the people who stopped to try to protect him, if my car got rear-ended because of that you can be damn sure that I'd be coming after him for the repair costs, especially if my insurance rates went up.

ZV

Couldn't you just go after the idiot that rear-ended you?

 

[PlasmaBomb]

Hayabusa: 186mph
MV Agusta F4 R 312: 194mph

It's restricted by the Japanese gentleman's agreement to 186 mph, '00 models weren't and were alleged to hit 194 mph too.