| Member |
 Discussion Topic  |
|
|
alblancher
 Senior Member
379 Posts
slidell, LA
USA
Yamaha
Roadliner
|
 Posted - 10/26/2009 : 6:38 PM
|
I happened to catch this program today and one of the videos was after a MC accident. The rider was in the oncoming lane of traffic when an 18 wheeler showed up. The rider pulled back over to the correct lane, throwing his pillion riding wife into the path of the truck. The woman sustained severe head injuries and was on the way to the hospital when the video began. What I thought odd was that the rider was still on-site with his bike and other riders in the group. I would have fought anybody that got in my way to be at the hospital with my dying wife.
Question,
How is this handled? Is leaving the scene of an accident to follow your (dying) wife to the hospital considered leaving the scene of the accident. Does it make a difference if the police have arrived or not yet arrived.
|
|
|
DDfromMN
Junior Member
44 Posts
St. Paul, Minnesota
USA
Yamaha
FJR 1300, Hon GL1200
|
Posted - 10/26/2009 : 7:57 PM
|
I have this episode on the DVR, but haven't watched it yet.
What I don't understand is how his wife became seperated from the bike. |
 |
|
|
haithabu
Junior Member
86 Posts
Canmore, Alberta
Canada
Honda
Varadero
|
Posted - 10/26/2009 : 8:24 PM
|
| Abrupt swerve, I would guess. |
|
|
|
sporty
Senior Member
286 Posts
north liberty, ia
USA
Harley-Davidson
Dyna & Sportster
|
Posted - 10/26/2009 : 10:16 PM
|
quote:
Originally posted by haithabu
Abrupt swerve, I would guess.
You mean where the bars bang once or twice
against the tank?
I'm sittin' here trying to figure out how you
can throw someone off the side of a 'glide and
not skid the bike down the road...
-W
|
|
|
|
Night Train
Moderator
942 Posts
[Mentor]
Sydney, Nova Scotia
Canada
Harley-Davidson
Softail and Touring
|
Posted - 10/27/2009 : 6:19 AM
|
Interesting question relating to leaving the scene. I for one would be in the ambulance with my wife regardless of what any law stated. It would be a simple matter to simply advise one of your group in this instance that you will be at the hospital should the police need to interview you. If the police found it necessary to lay charges of leaving the scene, I would be pleased to defend the action in court. If unsuccessful in the defence, I would reluctantly pay the fine but would not regret my actions. Just because something is placed into law doesn't make it right in all instances.
As far as the bike is concerned, I would expect that in my absence from the scene, the police would have it impounded, otherwise I would expect the people in my group to take care of the bike as I would theirs if the situation were reversed. |
|
|
|
gymnast
Moderator
2211 Posts
[Mentor]
Meridian, Idaho
USA
Harley-Davidson
Sportster Sport
|
Posted - 10/27/2009 : 11:01 AM
|
quote:
Originally posted by haithabu
Abrupt swerve, I would guess.
Perhaps a swerve in combination with an abrupt application of the brakes. It is not too difficult to "toss a passenger" whom is unaware and unprepared for an abrupt maneuver, particularly if the rider has their arms bent and the center of mass of the passenger is above and possibly displaced laterally when the brakes are applied and the passengers weight folds the rider forward.
Without video of the crash itself it would not be of value to speculate what happened in the actual case of Alaska crash cited. |
|
|
|
haithabu
Junior Member
86 Posts
Canmore, Alberta
Canada
Honda
Varadero
|
Posted - 10/27/2009 : 11:34 AM
|
| When my wife and I went down, I hit the car which was directly in front of us. However my wife went wide. It looks to me like the greater leverage of the raised pillion pitched her significantly to the left. So I can see that happening in an abrupt maneuvre as well. |
|
|
|
alblancher
Senior Member
379 Posts
slidell, LA
USA
Yamaha
Roadliner
|
Posted - 10/27/2009 : 2:08 PM
|
Guys,
I appreciate all the responses but the question is " Can you, should you, are you allowed to" leave the scene of the accident to be with your severely injured wife?
I thought the rider was a jerk hanging around the accident site, his buddies are not any better. Or the police are jerks for not allowing him to leave.
Al |
|
|
|
gymnast
Moderator
2211 Posts
[Mentor]
Meridian, Idaho
USA
Harley-Davidson
Sportster Sport
|
Posted - 10/27/2009 : 2:40 PM
|
Alblancher, about all you need to do to leave an accident scene in which you were involved is to complain of pain and possible injury and request medical care in a hospital. Of course the police may cite you, place you under arrest and cuff you to the Gurney and go with you to the ER and take you to the Grey-bar Hotel upon release if circumstances warrant.
I thought that Night Train gave an excellent answer.
To my knowledge, it matters not who "is being being a jerk" the goal is to get the situation sorted out and there are many ways to accomplish that goal. Vehicle codes related to "Leaving the scene of of an accident" do not cover this situation in such a specific way as to provide you with an answer to your hypothetical question. In general, the responding officer has discretion as to the particular details of handling such a situation and would rather receive an "attaboy" for following department policy than receive a counseling session for screwing up.
|
|
|
|
alblancher
Senior Member
379 Posts
slidell, LA
USA
Yamaha
Roadliner
|
Posted - 10/27/2009 : 3:37 PM
|
Gymnast,
I just thought someone would know what the law is. I used the term "Jerk" because like Nighttrain I would be in the ambulance regardless of the law. It is not a hypothetical question, it is a real world situation that many/some of use will unfortunately experience in some form or another.
My goal is to offer comfort to my wife, or the injured person which may differ from the goals of the responding officer. I know the police officer that responded to my single vehicle accident arrived at the accident scene after I was on the way to the hospital and tried to interviewed me in the emergency room.
Again, thanks for your insights.
Al |
|
|
|
rkfire
Senior Member
416 Posts
Stratford, CT
USA
Suzuki
Bandit
Peer Review:
Blocked
|
Posted - 10/27/2009 : 4:51 PM
|
I don't think the infraction is "leaving the scene of an accident", even though we commonly use that term. I think it's more like "evading responsibility".
Riding in the ambulance with your wife is reasonable, if she has serious injuries. You can leave your name, and whereabouts with the other party, with witnesses etc, or call 911, or have the ambulance people notify the police on their radio. |
|
|
|
Texasphotographer
Advanced Member
746 Posts
[Mentor]
Copperas Cove, Texas
USA
Suzuki
2008 C50T
|
Posted - 10/30/2009 : 9:11 PM
|
quote:
Originally posted by alblancher
I happened to catch this program today and one of the videos was after a MC accident. The rider was in the oncoming lane of traffic when an 18 wheeler showed up. The rider pulled back over to the correct lane, throwing his pillion riding wife into the path of the truck. The woman sustained severe head injuries and was on the way to the hospital when the video began. What I thought odd was that the rider was still on-site with his bike and other riders in the group. I would have fought anybody that got in my way to be at the hospital with my dying wife.
Question,
How is this handled? Is leaving the scene of an accident to follow your (dying) wife to the hospital considered leaving the scene of the accident. Does it make a difference if the police have arrived or not yet arrived.
Alblancher,
I asked the following question to a 33 year veteran of the Texas State Police. His answer is also furnished.
Due to the circumstances he would be excused.
---- "Larry Letzer Sr." <lletzer3@hot.rr.com> wrote:
> A quick question.
>
> This was presented on a motorcycle forum and no one from any state knew the
> answer.
>
> Situation:
>
> Man riding is wife on a motorcycle swerves and throws wife off into the path
> of an oncoming truck. Woman is injured and put in an ambulance.
>
> Question: Is the motorcycle driver (husband) permitted to go to the
> hospital with his wife if he leaves his contact information at the scene?
>
> If he goes without LEO permission is this a crime?
>
> Larry Letzer
Due to the circumstances he would be excused. This is just Texas. Cannot speak for any other state. |
|
|
|
alblancher
Senior Member
379 Posts
slidell, LA
USA
Yamaha
Roadliner
|
Posted - 10/31/2009 : 4:58 AM
|
Thanks,
It's good to know that our Law Enforcement Officers consider what action is appropriate for the situation. That "reasonable response" has a place in their lexicon.
Al |
|
|
|
Night Train
Moderator
942 Posts
[Mentor]
Sydney, Nova Scotia
Canada
Harley-Davidson
Softail and Touring
|
Posted - 10/31/2009 : 5:26 AM
|
quote:
Originally posted by alblancher
Thanks,
It's good to know that our Law Enforcement Officers consider what action is appropriate for the situation. That "reasonable response" has a place in their lexicon.
Al
The information provided by Tex related to Texas with the caution that they could not speak for other States. We cannot lose sight of the fact that any given LEO will be making decisions in the field that may or may not jive with what we feel appropriate. If we perform what we believe to be a "reasonable response" and are ticketed for it, we have the recourse of the courts to present our point of view. Although not at all times easy to do, if we take our "reasonable response" in a civil and peaceful manner, I believe most courts in North America would find in our favor. |
|
|
| |
Discussion Topic |
|
|
Most Recent Posts
|
Activity History
|
Safety Tips
Alaskan Troopers TV Program