ReconRat Posted September 5, 2010 Report Share Posted September 5, 2010 (edited) Japanese Rider Killed in Motorcycle Crash in ItalyJapanese teenager Shoya Tomizawa died after crashing and being hit by two other riders during Sunday's Moto2 race at the San Marino Grand Prix, the second fatality to hit the sport in two weeks... Edited October 17, 2010 by ReconRat Quote Link to comment Share on other sites More sharing options...
Sniper_308 Posted September 5, 2010 Report Share Posted September 5, 2010 Quote Link to comment Share on other sites More sharing options...
BikerBoy Posted September 5, 2010 Report Share Posted September 5, 2010 That is sad , here is a video of the crash .... http://www.youtube.com/watch?v=4U_kot-jtQ8 Quote Link to comment Share on other sites More sharing options...
600ZZ4eb Posted September 5, 2010 Report Share Posted September 5, 2010 i saw this and it was terrible. It looked bad, but didnt know it would have killed him. :-( RIP - God bless his family! Quote Link to comment Share on other sites More sharing options...
ReconRat Posted September 7, 2010 Author Report Share Posted September 7, 2010 Marshals may face manslaughter charges over Shoya Tomizawa death www.motorcyclenews.comBy Andy Downes - General news07 September 2010 13:14Rimini prosecutor Paolo Giovagnoli has opened an investigation into the death of Japanese Moto2 rider Shoya Tomizawa which could see marshalls who dealt with the dying rider facing manslaughter charges, according to the Italian press. Tomizawa died at Misano on Sunday following a horrific crash on lap 12 of the race. Tomizawa’s death is now being investigated with ‘unnamed people’ being looked into with a view to establishing whether the actions of of track workers or circuit authorities may have contributed to his death. Under Italian law there is a possibility of manslaughter charge being levelled at anyone thought to be responsible. Several members of the Williams Formula One team faced charges following the death of Ayrton Senna at Misano in 1994, before being acquitted in 1997. Quote Link to comment Share on other sites More sharing options...
Casper Posted September 8, 2010 Report Share Posted September 8, 2010 Holy shit. Quote Link to comment Share on other sites More sharing options...
Disclaimer Posted September 8, 2010 Report Share Posted September 8, 2010 I would think a law like that would have to be for those who are blatantly negligent or malicious contributors to the death.Otherwise, how bass-ackwards is that? A law that would deter people from helping you? Maybe some people are better off left alone? I suppose thats why a lot of people don't intervene in things over here either - fear of litigation, or they're just chicken sh*ts. Quote Link to comment Share on other sites More sharing options...
cmh_sprint Posted September 8, 2010 Report Share Posted September 8, 2010 I can't believe they are doing this, unless they feel that some gave incorrect or fail to give the proper care for the injuries he had while they were pulling him off the track. I followed the Senna case pretty closely back in the day. The Italian prosicutors were hell bent on sending the 3 folks from Williams to prison for Senna's death. They will dig and dig, putting the marshalls through he'll the whole time. Quote Link to comment Share on other sites More sharing options...
Scruit Posted September 8, 2010 Report Share Posted September 8, 2010 Any professional first responder has a very high duty of care to the person in his or her care. Doesn't matter if you are an EMT or a Race Marshall. You are being paid to be in a position to deal with injured people.It is easily possible for someone to provide a level of care that falls so far below what is expected of them (and for them to contribute to injuries or even hasten death) and those people should, and are, held accountable.The prosecutor would to demonstrate why they believe the level of care falls so far below expectation that it would be considered criminal. That would be a very difficult evidenciary burden in the US (Criminally, at least. Civilly, not so tough)Of course non of this really affects the ordinary member of the public who is helping in a road accident. They are given a tremendous amount of leeway and you'd have to practically drag an accident victim down the road by his helmet causing a demonstrable exacerbation of spinal injuries to be culpable. And even then, if you were dragging them away from a vehicle that is leaking gasoline and about to burst into flames then you might still be forgiven...So in the motogp case... If the race marshalls mishandled the rider in a way that contributed to his death, and in a way that would make any reasonable first responder conclude was clearly reckless or negligent, then they could be charged. When the autopsy comes in it may all be a moot point. If his injuries are found to have been simply unsurvivable even if given the best care in the world then the actions of the first responders are not a factor in his death. Quote Link to comment Share on other sites More sharing options...
ReconRat Posted September 8, 2010 Author Report Share Posted September 8, 2010 Italy believes in a form of torte law. Lots of people can be found partially guilty in a criminal court. Criminal prosecution in Italy is a bit different than in other countries. They tend to accuse anyone, and let the courts figure it out. Worse, in Italy, you can be found guilty, and it doesn't mean much, the real trial starts later. It's hard to explain, and even harder to ever understand. France is also touchy, they prosecuted engineers, mechanics, pilots, etc... when the last Concorde (French) crashed in Paris. Quote Link to comment Share on other sites More sharing options...
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