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Old 02-02-2009, 04:46 AM   #1
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From: Dallas Tx
Joined: Feb 2002


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.
   
 
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Old 02-02-2009, 01:00 PM   #2
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From: Minot, N. Dak.
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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??
   
 
Old 02-02-2009, 02:26 PM   #3
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From: so-cal
Joined: Oct 2004


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
   
 
Old 02-02-2009, 02:43 PM   #4
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From: Dallas Tx
Joined: Feb 2002


Posts: 561
Quote:
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
   
 
Old 02-09-2009, 04:52 PM   #5
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From: Alberta
Joined: Oct 2002

I Ride: 2002 ZX-12R Highly modified
I Race: I ride the 12R on track days, raced ZX-7 years ago

Posts: 1,424
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.
   
 
Old 02-12-2009, 03:09 PM   #6
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From: so-cal
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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.
   
 
Old 02-17-2009, 05:46 PM   #7
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From: NW NJ
Joined: Aug 2002


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.
   
 
Old 02-17-2009, 06:08 PM   #8
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From: Minot, N. Dak.
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What the heck!!!! Been awhile eh.
   
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