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Who's at fault?


Casper

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4511.43 Right-of-way rule at through highways, stop signs, yield signs.

(A) Except when directed to proceed by a law enforcement officer, every driver of a vehicle or trackless trolley approaching a stop sign shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or, if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering it. >> After having stopped, the driver shall yield the right-of-way to any vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard during the time the driver is moving across or within the intersection or junction of roadways.  <<

 

The motorcyclist failed to yield the right-of-way to the vehicle already in the intersection.  He should be banned from riding a motorcycle on the street.  He is an idiot.

 

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In my non-qualified medical opinion, the rider has some form of cranial-rectal inversion - the most common inversion being fecal encephalitis :crazy: .  

I base this diagnosis on the observed symptoms (from video in the first post) of verbal diarrhea and questionable decision making skills.  

The recommended treatment is quarantine from the driving populace for 10-12 weeks, a minimum of 24 months of usurious insurance rates, and if the patient absolutely must travel via motorized 2-wheeled vehicle, that vehicle should be a Ruckus (or possibly a Grom if good behavior) after the 9-month mark assuming completions of BRC-I and BRC-RR.

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"at fault" is a more complicated question than who committed a traffic offense.

 

Both committed traffic offenses. 

 

Civil liability is probably 60/40 IMHO, with the rider being more at fault than the driver.  The car driver is being a moron by pulling into the intersection and sitting there, but blocking the intersection isn't putting anyone in immediate danger.  The rider's response to accelerate hard is arguably reckless on its own, whether he fits through the gap or not.  The car driver should have looked, but I don't think it's unreasonable for the car driver to assume that cross-traffic wants him to clear the intersection rather than sitting there any longer than absolutely necessary.

 

So yeah, the driver created the situation, but the rider did nothing to mitigate it, and quite a bit to aggravate it.

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The motorcyclist failed to yield the right-of-way to the vehicle already in the intersection.  He should be banned from riding a motorcycle on the street.  He is an idiot.

 

 

I think that's quite apparent, but as someone else pointed out, if he continues riding with the attitude displayed, he'll take himself out of the gene pool quickly.

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This is interesting as I received a phone call last week from my mom saying she got pulled over for being out in the middle of an intersection like that and she never knew it was illegal; apparently it is. Not sure who insurance would hold liable for this though my guess is the biker as the car was already in the space clearly visible to the biker and clearly blocking his lane (a defined obstacle in the roadway). 

 

That said, the biker is a complete idiot for doing what he did. 

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In my non-qualified medical opinion, the rider has some form of cranial-rectal inversion - the most common inversion being fecal encephalitis :crazy: .  

I base this diagnosis on the observed symptoms (from video in the first post) of verbal diarrhea and questionable decision making skills.  

The recommended treatment is quarantine from the driving populace for 10-12 weeks, a minimum of 24 months of usurious insurance rates, and if the patient absolutely must travel via motorized 2-wheeled vehicle, that vehicle should be a Ruckus (or possibly a Grom if good behavior) after the 9-month mark assuming completions of BRC-I and BRC-RR.

 

 

:lol:

 

 

 

"at fault" is a more complicated question than who committed a traffic offense.

 

Both committed traffic offenses. 

 

Civil liability is probably 60/40 IMHO, with the rider being more at fault than the driver.  The car driver is being a moron by pulling into the intersection and sitting there, but blocking the intersection isn't putting anyone in immediate danger.  The rider's response to accelerate hard is arguably reckless on its own, whether he fits through the gap or not.  The car driver should have looked, but I don't think it's unreasonable for the car driver to assume that cross-traffic wants him to clear the intersection rather than sitting there any longer than absolutely necessary.

 

So yeah, the driver created the situation, but the rider did nothing to mitigate it, and quite a bit to aggravate it.

 

http://codes.ohio.gov/orc/4511.712

vs.

http://codes.ohio.gov/orc/4511.43

 

 

Among the lawyers there was much rejoicing!

Looks like it should be ticket time for both of them.

Ohio better collect the fine from the biker quickly before he is beyond their jurisdiction.

The cager, meh, he'll be hanging out in some other intersection later on today.

 

Columbus drivers do suck!

I've had them look right at me and then try to move over on top of me too.

Ya know, so they wouldn't miss their turn from the far other lane.

Sigh....

 

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And another fucking thing. None of you Columbus living sunsabitches can drive worth a cocking fuck. Every goddamn time I ride my bike through Columbus, some self-righteous and equally oblivious fuckwad almost kills the shit out of me.

I've had one of you ignorant fucks LOOK STRAIGHT INTO MY EYES AND TURN RIGHT INTO ME on the freeway.

Looked. Right. At. Me.

And came over, anyway. Like I wasn't another human being whose life fucking mattered, in the slightest. Completely would not have fucking cared if I got hit at 60 mph.

Fuck Cockumbus and all who reside there.

You seem overwrought. I recommend heavy doses of Perry Como.

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So, in my wise old age, it is a case of " choose your battles",

Is it better to be right in principle ( bike should of have a clear lane of travel, except for the white car blocking the intersection )  but dead trying to proving a point?

 Results would have been different if the bike slowed to the intersection blocked by the white car, maybe beeped the horn to get the white car driver to look at him, and maybe Mr heavy right handed bike pilot could have rolled through safely and not got clipped?

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I say they both should get a ticket.  Really, they both entered the intersection without waiting until they could safely clear the intersection completely.  BUT just because someone breaks a traffic law, doesn't mean you can do anything you want and not be held liable for the outcome.

 

I'm sure some attorneys will have fun with it, or the insurance companies will just settle with some sort of no-fault agreement.  Both of them should be forced to sit through a couple weekends of traffic school.  lol

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I wonder how this guy would feel if he was blocking an intersection for a group of bikes and a car came through and clipped his front end.  :stirpot:

 

He just needs to learn to pick his battles. Even if you're right, you might be dead right on a bike.

 

This is why i avoid Columbus like the plague. Head south and find good roads to ride on.  :D

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The I-270 and Sawmill Rd intersection is terrible(at times) for this exact thing. One way has a light to proceed, but stopped traffic ahead prevents you from clearing the intersection before the light changes the direction of flow.

 

A few weeks ago, I had this cunt actually GO AROUND ME WHILE BLARING HER HORN, as I was stopped, waiting for more room ahead to assure I'd clear the intersection. White BMW SUV, on her God damn cell phone. Guess what...she blocked the fucking intersection for over half of the light cycle for the opposing traffic.

 

It took every fucking ounce of willpower in my body not to park my car, walk up to hers, bust the fucking drivers side window open, drag her dumb ass out, and shoot her in her fucking face with my Springfield XD 45M. I even thought about following her, finding out where she lived, so I could set her house on fire at a later time.

 

Thankfully, common sense took over my thoughts, and I drove straight home. 

 

But if I see that bitch again...

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4511.43 Right-of-way rule at through highways, stop signs, yield signs.

 

That doesn't say" stop Light."

 

Creating Gridlock, what the car did, is against traffic rules. (my idiot old roommate got a thrill when ever he did this) The car was stopped and the motorcycle didn;t drive at it , there was a gap, so he was yielding then the car moved ahead even though the red car in front if it didn't move.

The front of the car hit the side of the bike. So the car hit the bike, that said the zombie driver probably didn't even see the light turn red, he obviously wasn't watching traffic ahead to see there wasn't room to clear the intersection. The black car  in back saw what was up and white one had room to back out of the intersection.

I don;t think it was the majority bikers fault but he should have been able to prevent it.

People who creep stop creep stop creep stop at red lights when they could have stopped further the first time are pet peeve of mine.

 

.

 

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A few weeks ago, I had this cunt actually GO AROUND ME WHILE BLARING HER HORN, as I was stopped, waiting for more room ahead to assure I'd clear the intersection. White BMW SUV, on her God damn cell phone. Guess what...she blocked the fucking intersection for over half of the light cycle for the opposing traffic.

 

 

This happens to me every couple months at the highway exit/entrance near my house.   I stop with enough room for cross-traffic to proceed if I don't make the light, and then some asshat takes it as an invitation to change lanes into the space I've left, and ends up blocking traffic anyway.

 

The sad part is, I honestly believe that some of these morons don't understand what they're doing.

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This happens to me every couple months at the highway exit/entrance near my house.   I stop with enough room for cross-traffic to proceed if I don't make the light, and then some asshat takes it as an invitation to change lanes into the space I've left, and ends up blocking traffic anyway.

 

The sad part is, I honestly believe that some of these morons don't understand what they're doing.

 

Somebody should tell them, with a tire iron, to the teeth.

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I think there are people who have never in their life felt like they were in someone's way. Sadly they probably are every day. Like when someone almost runs into you walking in an exit door while you're trying to leave and they laugh like "how did that happen."

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The >>  "Right-of-way rule at through highways..." covers that.

They are both considered "through highways."

 

They were both wrong.  The car was wrong for blocking traffic, but

he still had the right to proceed forward in order to clear the intersection.

He had right-of-way over the bike.

 

The bike violated the right-of-way of the car in a reckless manner. 

If he had approached the car in a slower manner and then with a

polite gesture indicated a request to squeeze by in front of the car,

my guess is that his request would have been granted, considering

it was a small vehicle and could easily pass through and be gone.

 

They both should have been ticketed.

 

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The >> "Right-of-way rule at through highways..." covers that.

They are both considered "through highways."

They were both wrong. The car was wrong for blocking traffic, but

he still had the right to proceed forward in order to clear the intersection.

He had right-of-way over the bike.

The bike violated the right-of-way of the car in a reckless manner.

If he had approached the car in a slower manner and then with a

polite gesture indicated a request to squeeze by in front of the car,

my guess is that his request would have been granted, considering

it was a small vehicle and could easily pass through and be gone.

They both should have been ticketed.

.

I said this a few pages ago.

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