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 All Forums
 Motorcycle Safety
 General Discussion
  Accidents vs Rider Errors (Causation)
 Had to "lay her down".
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rkfire
Advanced Member
1719 Posts


Stratford, CT
USA

Suzuki

Bandit

Posted - 07/05/2022 :  12:14 PM   Join poster on Facebook as Friend                        Like
I enter this separately because it's not on point, in that I have no idea what the jury decided.

I know of, but wasn't a witness to an "accident" between motorcyclist and pickup driver. I know both of them, but they didn't know each other.

Essentially, the pickup driver was backing onto the street from a driveway and the motorcycle was travelling in the lane where the driveway enters the road. The motorcyclist perceived an imminent crash, locked up the rear tire, and "laid it down". He and the motorcycle skidded to a stop 10 t0 20 ft. in front of the truck position. Neither hit the truck.

The first person to relay the story to me was the motorcyclist. When I attempted to ask him, since he never hit the truck by sliding, wouldn't simply braking using rubber instead of skin and chrome have worked better. He said he had to lay it down, you had to be there.

Talking with the pickup owner, at the moment of the crash, he was confused as to why the bike crashed, and thought there was ample room for him to pull out onto the road.

No tickets were issued. The pickup driver told me it was going on for years with insurance, depositions, and trial. I do not know the outcome of trial.

The motorcyclist hasn't spoken to me since that day I asked him about braking properly.

I wasn't there, but from what both parties told me, I think this was 100% motorcyclist fault.

James R. Davis
Male Administrator
17396 Posts
[Mentor]


Houston, TX
USA

Honda

GoldWing 1500

Posted - 07/05/2022 :  12:45 PM Follow poster on Twitter  Join poster on Facebook as Friend  
Thanks for the post.

Since the only party to have suffered damage and/or injury was the motorcyclist, I assume he brought the suit (was the plaintiff).

From what you told us, it's hard to understand why an attorney would take the case. But I've seen similar battles before and know that many attorneys will take on any case because far more than half (far more) will simply be settled to save everybody the expense of a trial. Since this went on and on, bad bet on the attorney's part.

Yep, we know that the motorcyclist contributed significantly (rider errors) and we have an idea that the truck driver probably contributed in a modest way. The motorcyclist would not want me on his jury, but a group of 12 non-motorcyclists could be fooled.
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rkfire
Advanced Member
1719 Posts


Stratford, CT
USA

Suzuki

Bandit

Posted - 07/06/2022 :  9:26 PM   Join poster on Facebook as Friend  
Yes, the motorcyclist was the plaintiff.

Actually, I shouldn't have mentioned a jury since I don't know for sure it wasn't settled at the last minute. The truck driver only told me the trial was set for a few weeks from that conversation.

I bet your hunch is correct that the lawyer figured there would be some offer to settle at some point.

I didn't mention it, and maybe should have. The motorcyclist is the sort that wears a half helmet, T-shirt, no gloves, either jeans or shorts depending on how warm it is. He mentioned a knee injury, and a lot of road rash.
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Eagle Six
Junior Member
52 Posts


Snowflake, Arizona
USA

Kawasaki

ZX14R

Posted - 07/07/2022 :  7:29 AM
From what I have read, being a motorcyclist, the plaintiff attorney would probably jump on me as a juror figuring I would be sympathetic to his client. That would be a mistake as I would probably be one of those who would educate the other 11 jurors. and would vote against the motorcyclist.

Jim, question - In a case like this, do the jurors have an opportunity to ask questions, via the judge, about the case? Or, are their decisions based only in what has been presented by both sides? Obviously I have never been a juror.
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James R. Davis
Male Administrator
17396 Posts
[Mentor]


Houston, TX
USA

Honda

GoldWing 1500

Posted - 07/07/2022 :  8:57 AM Follow poster on Twitter  Join poster on Facebook as Friend  
It depends on the jurisdiction and the judge.

I'm not an attorney and cannot offer a legal opinion, but I believe a jury can almost always ask for evidentiary information via a note to the judge who, if he/she chooses to, confers with the attorneys to see if there are any objections while the jury is out of the room. If none, the question is answered.

I have never personally seen a jury ask for more information during a trial.

Some judges go the extra mile and at the end of a witness's testimony, particularly technically oriented expert witnesses where a jury might need something clarified, invites the jury to ask for clarification (via notes) and the witness is asked to do so. RARE!!!
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Eagle Six
Junior Member
52 Posts


Snowflake, Arizona
USA

Kawasaki

ZX14R

Posted - 07/07/2022 :  6:46 PM
Thank You James.
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aidacid9
Male Starting Member
1 Posts


NYC, NY
USA

Yamaha

Posted - 07/14/2022 :  6:59 AM
interesting information
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