Leading a Ride - Liability - Kawasaki Forum :: KawasakiWorld.com
 
LinkBack Thread Tools Display Modes
post #1 of 8 Old 02-02-2009, 04:46 AM Thread Starter
Senior Member
 
Join Date: Feb 2002
Location: Dallas Tx
Posts: 561
Question Leading a Ride - Liability

This might have occured in Texas. I am wording it the way I am because I think the reply will pertain to riders and drivers alike. If there is a difference between bikes - cars, please advise.

Situation: A group of riders / drivers meet online and discuss taking a nice ride/drive out in the country, they plan on ending the ride/drive for lunch. There are 20 vehicles in the group. Median age is late 30's, early 40's. The pace is average, the group is spread out, keeping 3-5 vehicles spaces between each other. ( When I say average pace, the lead group were not having to apply brakes into turns ) There may have been some sling shot driving going on, but not confirmed.

During the ride/drive one person goes off roading. There are no injuries or damage other than to the persons vehicle. The vehicle is still ridable/driveable. After confirming again, no injuries, teh group continues the trip. The person leading the way stays behind to contact tow service and together they move towards a middle point where tow will pick up.

En route, State Troopers pass headed towards accident scene, ,lights on, fast rate of speed. After passing, they make a quick u-turn and pull the two vehicles over to the side of the roadway. The person leading the original drive explains quickly that there are no injuries and they they were headed to meet tow service. Trooper tells leader that he can go and moves to damaged vehicle.

No one saw the incident occur and the rider / driver just thought he was going too fast for the turn.

Questions:
1.What liabilty does the person leading the group have?
2.Did the Trooper have a valid reason to pull the 2 persons over after the fact?
3. Any laws broken that Trooper can ticket for?

Thank you in advance for your opinions and thoughts.

I'm not really worried about the bullet with MY name on it, I am more worried about the one addressed to "Whom it may concern" that bothers me....
SAFE4NOW is offline  
Sponsored Links
Advertisement
 
post #2 of 8 Old 02-02-2009, 01:00 PM
Senior Member
 
nedragr's Avatar
 
Join Date: Feb 2002
Location: Minot, N. Dak.
Posts: 4,459
Don't have any answers but I can relate.

BH03 led a group through Johnsons Cutoff and Nebraska failed to negociate a corner?? Think he broke off a rear set.

BH04 led the small group toward Iron Mountain Rd. Thinking back a year and reflecking on how shitty I felt the previaous yr., I slowed and let 2 riders go ahead. 1 went down, and down hard.

No cops notified either time.

Do you think the call for a tow went through dispatch??

Seize the day.............live richer tommorrow!!
Current Stable http://www.bikepics.com/members/nedragr/
nedragr is offline  
post #3 of 8 Old 02-02-2009, 02:26 PM
Member
 
Join Date: Oct 2004
Location: so-cal
Posts: 46
there is no legal liability to the ride leader....

1. unless he broke a law
2. or he caused injuries or damage thru negligance

1999 Cobra
1998 ZX2
blah bla is offline  
Sponsored Links
Advertisement
 
post #4 of 8 Old 02-02-2009, 02:43 PM Thread Starter
Senior Member
 
Join Date: Feb 2002
Location: Dallas Tx
Posts: 561
Quote:
Originally Posted by nedragr View Post
Don't have any answers but I can relate.

BH03 led a group through Johnsons Cutoff and Nebraska failed to negociate a corner?? Think he broke off a rear set.

BH04 led the small group toward Iron Mountain Rd. Thinking back a year and reflecking on how shitty I felt the previaous yr., I slowed and let 2 riders go ahead. 1 went down, and down hard.

No cops notified either time.

Do you think the call for a tow went through dispatch??
Ride / Drive leader called in tow service. Unknown person called in LEO's

I'm not really worried about the bullet with MY name on it, I am more worried about the one addressed to "Whom it may concern" that bothers me....
SAFE4NOW is offline  
post #5 of 8 Old 02-09-2009, 04:52 PM
Senior Member
 
edge2edge's Avatar
 
Join Date: Oct 2002
Location: na
Posts: 1,938
In short anyone can be sued for anything. The rule of law for civil litigation is 51%, not beyond a reasonable doubt as in criminal law. So as long as you can show that the lead rider should have known or ought to have know his actions would cause someone to crash, then a lawsuit "could" be launched.

This is the part that kills me about civil law, if you apply those rules, everything, and I mean everything "could" fall into lawsuit territory and it is why there are so many lawyers who make their living off civil law. Now before I get flamed, there are times when civil litigation is the only way to get justice, and there are many examples of that. It is however, in my humble opinion a double edged sword.

http://mckenzie68.wordpress.com/
"The only thing necessary for the triumph of evil is for good men to do nothing"

Edmund Burke
edge2edge is offline  
post #6 of 8 Old 02-12-2009, 03:09 PM
Member
 
Join Date: Oct 2004
Location: so-cal
Posts: 46
the biggest problem with civil litigation is....you have to rely on a jury of 12 people not smart enough to get out of jury duty. most people are too stupid,lazy, or have too much personal baggage to apply common sense,logic and reason to a legal issue and reach a just verdict.

1999 Cobra
1998 ZX2
blah bla is offline  
post #7 of 8 Old 02-17-2009, 05:46 PM
Moderator
 
Join Date: Aug 2002
Location: NW NJ
Posts: 5,910
Hey Steve ! IMO ...
1) None
2) I think yes he was checking on the status of the MVA.
3) Its tough to prove careless unless he investigated the scene with the bike in the original location so I'd say no.

Hope I helped
Scott W.
Bigsaint is offline  
post #8 of 8 Old 02-17-2009, 06:08 PM
Senior Member
 
nedragr's Avatar
 
Join Date: Feb 2002
Location: Minot, N. Dak.
Posts: 4,459
What the heck!!!! Been awhile eh.

Seize the day.............live richer tommorrow!!
Current Stable http://www.bikepics.com/members/nedragr/
nedragr is offline  
Reply

  Kawasaki Forum :: KawasakiWorld.com > Kawasaki World > Ask the Police

Quick Reply
Message:
Options

Register Now



In order to be able to post messages on the Kawasaki Forum :: KawasakiWorld.com forums, you must first register.
Please enter your desired user name, your email address and other required details in the form below.

User Name:
Password
Please enter a password for your user account. Note that passwords are case-sensitive.

Password:


Confirm Password:
Email Address
Please enter a valid email address for yourself.

Email Address:
OR

Log-in









Human Verification

In order to verify that you are a human and not a spam bot, please enter the answer into the following box below based on the instructions contained in the graphic.



Thread Tools
Show Printable Version Show Printable Version
Email this Page Email this Page
Display Modes
Linear Mode Linear Mode



Similar Threads
Thread Thread Starter Forum Replies Last Post
Ride report-25th wedding anniversary ride to Alaska XPLORZ General Discussion 47 11-02-2009 05:55 AM
Loaned bike Liability Bmpugh Ask the Police 1 01-07-2008 05:51 PM
false advertising leading to purchase of inferior goods zx998r Ask the Police 12 08-12-2003 07:05 PM

Posting Rules  
You may post new threads
You may post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On

 
For the best viewing experience please update your browser to Google Chrome