you are right... the rider was in the wrong, he will get ticketed for it. but he can not be punished for anything more than crossing the double line.

truck driver was trying to run him off the road, therefore hurt him or kill him, how can you justify that?? if you try to ticket the rider for recless driving based on the driving of the speeding truck, it will not hold, the rider was trying to get away from the truck driver because he was trying to kill him. he was sitting on his @$$ trying to make contact with his rear tire to make him flip the bike and crash. therefore he was running for his life once he passed the truck. and if you will argue that in court you are not smart because you can see the truck doing high speeds and wreckless driving trying to catch up to the bike and at the end a tire iron in his hand to hurt the rider.

i guess im from different part of the world, where driving is safer and where people do let you pass them without trying to run you off the road.
i cant say that for all of the people driving but for most part roads are more reasonable over seas.

 

I can't. That's why I never have. You're imagining that. All I said is that I can understand why he was pissed considering the history of that area. I never said he was in the right...and I never said he was justified. I actually said quite the opposite. Please read my posts again. I'm done explaining myself about this.


LOL



EDIT: Just saw you edited your post...but now I'm more confused. No one is saying the rider was in the wrong AFTER he made the pass and got his *** out of there (no one sane of course). Where are you getting that from? I'm talking about his riding leading up to and during the illegal pass he made.

 

Why not? If the imaginary drug dealer wasn't out selling drugs on the corner, he wouldn't have been there to get shot in the face. So doesn't the imaginary drug dealer have some blame to carry for creating the situation where his illegal actions offended me enough to try to kill him?

Where we disagree is in the thought the rider share some blame for creating the situation. It's what I first stated way back: it's extremely dangerous to assign any blame on the rider for the truck driver's action. Because that is the seed an attorney will use to grow a case for a lesser penalty for the defendant. If I were a lawyer, I'd make damn sure to find potential jurors that think just like you. How could you hold my client to the maximum penalty if he wasn't fully to blame for the situation?

It's a defense that's used successfully and constantly, assigning blame to a victim for the defendant's actions. It's repulsive, it cheats the victim of the justice they deserve and it's a reality. If you want to discuss what should happen to the rider, it's a completely different ballgame. But that is my entire point:

The rider's actions are completely separate from the driver's actions. No cause / effect. No blame sharing. Mutually exclusive

Damn, I prolly missed a promising career in law

 

Because you're using what ifs. Didn't you say not to do that? You're breaking your own rules. (Oh, and yes. It can be construed that you were so very afraid for your neighborhood's health that you thought you had to do something about it since the Police never had. You were at your wits end. The drug dealer forced your hand and deserves some of the blame, though you should be put in jail for murder...how's that for lawyering...I've been watching Law and Order for 15 years now...hahaha).

I'm not interested in any of that because none of it has happened....it's pure conjecture...especially since if jurors thought like me he would be put away for the maximum, AS I'VE SAID MULTIPLE TIMES. It's extremely dangerous to allow a motorcyclist to act the way he did with no repercussions or blame. That is lawlessness and breeds contempt for all of us and in turn helps create the situation we saw in the video. If motorcycle riders were commenting on that video and saying "You know, that rider shouldn't have made that illegal pass, he was wrong. But the truck driver shouldn't have done what he did. He was wrong also...and should be punished for it. Both very bad decisions." you'd be amazed at the amount of respect that'd generate. But no. In this stupid *** culture of "motorcyclist carry no blame" we continue to keep ourselves on a pedestal. That's bullsh1t. This is more important than some fictional jury or trial. It's real life and it, whether you believe it or not, affects all of us when we throw a leg over out motorcycles and get on the road. I refuse to be a part of that thinking. And although I lapse and sometimes act like a fool on the road, I try my hardest to stay safe and legal.

That's physically and factually impossible. The motorcyclists actions led to the driver of the truck's actions. They are NOT exclusive in any sense of the word. They are intertwined as much as anything in this world. If the truck drivers lawyer wants to use the fact that the motorcyclist started the event then he's entitled to do it...he'd be 100% correct. And for you to deny that is mindblowing. The truck driver didn't independently terrorize the motorcyclist under no prior pretense. Causality is blindingly present in this case.

 

since this thread has been reduced to a 2 person debate, I'll let you guys continue the fun in PM's.

 

temporarily re-opening the thread to allow the OP to post some updates.

 

Bracken video the rage of YouTube
this is a good article ,sheriff is really on motorcyclist side i believe,
LEX18.com | Lexington, KentuckyView Videos Page
here is a news story from a few days ago. fast forward to 6 min in.

the latest news is the truck driver has turned himself in and has already bonded out. he was hiding in north carolina. the motorcyclist will not face any charges and if he had it would have been a 160.00 ticket for crossing the double yellow.the story was on my local 12 news but the story has yet to be put on there website. ill have more info as it rolls in. im still waiting to here what his charges are so on. ill keep everyone up to date and lets please stop arguing about whos wrong here . i think we all know you shouldn't pass on a double yellow and you more importantly you shouldn't try and kill someone with your vehicle.

 

here is the latest
Falmouth man arrested for truck versus motorcycle incident

 

What an a$$hole. I'm glad you guys were okay.

 

glad this is moving along. keep us posted