OK legal beagles --figure this one

[FROSTY:Me]

A biker is cruising along minding his own business. Theyr'e following a cage
Cage driver opens their window and flicks out a cigarette butt-still lit.
Bikers visor is open and the but hits them in the eye.
Blinded the biker swerves violently and crashes into a parked car.
What if anything could the cager be prosecuted for?
Allowing of course that the incident was witnessed by a JP

[Karma]

Not much...

Littering perhaps?

Not sure if you could prove causing an accident as the driver had no idea that his action would lead to the end result.

[Madness]

Littering??

I doubt wether there are any littering provisions in transport law other than those relating to insecure loads.

[SwanTiger]

Wouldn't this be considered the same as throwing a block of concrete off a Motorway overpass or a glass bottle out the window of a car?

I'm not sure what the legal definition is, but those would have to be 'acts' of similar nature which in the past have been severly prosecuted.

[jazbug5]

Could they argue that the rider was partly to blame for riding with their visor open..?

[Da Bird]

Littering??

I doubt wether there are any littering provisions in transport law other than those relating to insecure loads.

Yes, there is actually. There is an infringement fine of $100.00 for littering. Only used it myself a few times - when people get upset and throw their ticket on the ground, they are given the option of picking it up or copping another $100.00... some people just don't learn.

[Da Bird]

In answer to the main question, there are a couple of possible charges but getting the evidence to the point of "beyond reasonable doubt" could be an uphill battle.

There is a charge of Endangering Transport (carries 14 years imprisonment) which is a possibility or it could possibly fall under Careless Driving. Have never come across a situation like this so you might be able to create some case law!

[Madness]

Yes, there is actually. There is an infringement fine of $100.00 for littering. only used it myself a few times - when people get upset and throw their ticket on the ground, they are given the option of picking it up or copping another $100.00... some people just don't learn.

I smoke a pack a day, mostly in the cage and never ever use the inboard ash-tray. Now knowing it's illegal will possibly make the act even more enjoyable, knowing I'm a crim & all......

[Edbear]

Could they argue that the rider was partly to blame for riding with their visor open..?

Nup! Same as driving with your window open.

[Oakie]

Didn't there used to be an offence 'Depositing Dangerous Material' or something like that? At least it's more serious than littering.

[jazbug5]

Good point, Edbear- just wondered if it was a possible let-out.

And Maximus- I hope you're joking. I hate filthy b*st*rding folk that chuck rubbish about the place. Once returned a whole load of junk to someone through their open window when I was on the treadly. Almost worth being chased, just for the look on theor stoopid faces... *snigger*

[Karma]

Yes, there is actually. There is an infringement fine of $100.00 for littering. Only used it myself a few times - when people get upset and throw their ticket on the ground, they are given the option of picking it up or copping another $100.00... some people just don't learn.

Woo hoo!!!

Weasel wins again!

[vtec]

Well I would have thought, that negligent disposal of a cigarette butt would make them responsible for all damage subsequently caused by it. Such as dropping a cigarette butt on the floor in someones house causing it to burn down. Responsible for costs. But as far as criminal charges go, I'm not sure. Personally would think it could be under reckless endangerment causing injury?? Not sure really. Would hope the cops might know.

[FROSTY:Me]

well then mr fuckwit rav 4 driver. If Id got ya fucking number on hobby road as you yacked on ya celly and flipped your butt into my eyes...........

[Ixion]

Criminal law or civil law?

There may be no statute law specifically applicable, but the common law will provide a remedy in both cases.

The civil suit is easier. Throwing a lighted cigarette out a window is manifestly negligent. If my property or person (subject to the bar under ACC) be injured by the negligence of another I may sue him for damages.

For there to be a criminal offence the negligence must amount to recklessness. Not only must the perpetrator be careless , the consequences of the carelessness must be foreseeable to a reasonable man (Here, the difference to civil law. If you are careless and I suffer as a result, I may sue you, even though you could not foree the damage that would result. In civil law it will be no avail to say "But I never thought that would happen" )

Since a motorist is required by law to maintain a watch in his mirrors, he must be assumed to have known you were there . (If he disclaims such knowledge then he stands convicted by his own words) .

To negligently throw a hazardous object from his vehicle , knowing that there was a person in the near vicinity who might be injured is recklessness. He was negligent and the consequences would have been apparent to a reasonable man, but he recked not thereof. Reckless endangerment is an offence in common law.

As always, the devil is in the detail. IANAL.