Criminal nuisance conviction for roading contractor after crash

**jrandom** · 13th July 2004, 17:07

Originally Posted by Funkyfly

*Yawn* This isnt an english class so im not going to explain reference.

Ooooh, this thread making us a bit touchy, eh? Yes, I read your post as a direct reply.

But I'm glad you take important issues like road safety seriously.

**Funkyfly** · 13th July 2004, 17:18

Originally Posted by jrandom

Ooooh, this thread making us a bit touchy, eh? Yes, I read your post as a direct reply.

But I'm glad you take important issues like road safety seriously.

When your wife rides, your Dad rides and your Mum rides - yes you do take other peoples lack of responsibility (i.e not erecting road signs) seriously.

Not to mention the near death of friends for this very reason

**Motu** · 13th July 2004, 17:32

Originally Posted by Mongoose

Sooo, you telling us all, that NO matter what, you have a spill then it is intirely your own fault? Hmmm, well, an interesting concept but not one I would subscribe to unless you belong to the policy makers for the Police that is.

No,I'm not trolling and I won't back down on this one - Mongoose,you are entirly correct,it is your fault,in retrospect there is always something you could of done to prevent an accident and blaming someone else is a cowards way to deal with your own lack of skills.I faced this whole issue 25yrs ago and like everyone trying to flame me I was really pissed off that someone would think of blaming me for what some other idiot did - but I'm not afraid to look at myself,and yes,I am to blame for every prang I've ever had,ever.

Everyone one on this site thinks they are such good riders - a good rider is not a fast rider,a good rider is one who doesn't make mistakes - I have a long way to go yet,but I've only been at it 34yrs.

Happy flaming,I enjoy a bit of heat!

**Funkyfly** · 13th July 2004, 17:40

Originally Posted by Motu

I won't back down on this one - yes,I am to blame for every prang I've ever had,ever.

You didnt answer my question mate. I would have thought after calling people "F*&Ktartds" you would at LEAST answer their questions.

Here it is in case you missed it earlier....

Your stopped at an intersection, UNBEKNOWN to you some teenager is racing another kid in their cars, they come roaring up behind you and loose control rearending you and your wife (whos sitting on the back).

NOW HOW THE HELL COULD YOU REACT TO THAT? you didnt even have a chance to see them coming let alone enough time to react!

**Motu** · 13th July 2004, 18:00

Been there done that mate - I was rear ended on my 18th birthday,I take the blame for not monitoring my rear.

**Jinx3d** · 13th July 2004, 18:00

When alls said and done, wether they put up the signs or they dont, a motorcyclist should always be aware of the possibility of gravel on a blind bend.

Its all well arguing the point but you still need a ride home and a letter to your insurance company.

Any m/cyclist that relies on the council and roading contractors for a safe road is straight out gambling.

Personally I think the guy in court has got a point but the slings and arrows of misforture cannot always be avoided by blaming others.

**Mongoose** · 13th July 2004, 18:01

Originally Posted by Motu

No,I'm not trolling and I won't back down on this one - Mongoose,you are entirly correct,it is your fault,in retrospect there is always

Everyone one on this site thinks they are such good riders - a good rider is not a fast rider,a good rider is one who doesn't make mistakes - I have a long way to go yet,but I've only been at it 34yrs.

Happy flaming,I enjoy a bit of heat!

Yes, life is full of "What if's" and "If only's" but to say that we are authers of ALL our own crashes is taking things just a tad far. I for one am not a *fast* rider but there is always the chance of being caught out re grit on the road.
To follow your arguement would mean that the roading people, who are meant to use signage cannot/should not be held responsible if/when they dont use it. Great in a perfect world. Unfortunately for both riders and workers, this aint a perfect world. So, while I may agree that on the whole we need to take responsibilty for our own life there are those that have taken on that resposibility that need to be held accountable.

So, run it past me again why we have any signs, like Frost, or yellow lines, speed advisory signs, Stop signs? Surely if we are held accountable there is NO need for ANY signs at all

**Hitcher** · 13th July 2004, 18:13

Originally Posted by Motu

Careful of what you want guys,you want to give the Nanny State more power to control our lives - this sort of shit scares me.

Agreed! Look what happened to all of the events that used to get organised by well-meaning community types after the Port Hills Cycle Classic ruling. Extinct, defunct, no more! Wowserism and political correctness should be fought tooth and nail. "Contents may contain hot liquid", I mean really...

Us bikers, we noble riders of the highways and byways are a minority group. We get discriminated against unfairly and fairly. We are also the masters/mistresses of our own destiny. Chris Parkin had his day in court (as is his right) and won, but the cynic in me feels that this may be a Pyrrhic victory in the longer term.

**Hitcher** · 13th July 2004, 18:18

Originally Posted by Funkyfly

More rubbish!

Mate we arent talking about NEW laws here, we are talking about people doing their job peoperly! putting up WARNING signs like they HAVE TO!

The 4WD sign you saw was a WARNING sign, not a law prohibiting other cars, bikes etc.

Of course you're right in terms of the simple facts of this matter. But the real issue here is Council overreaction to protect themselves from similar future litigation. God knows where that may take us...

**Funkyfly** · 13th July 2004, 18:23

Originally Posted by Motu

Been there done that mate - I was rear ended on my 18th birthday,I take the blame for not monitoring my rear.

Your right, pretty silly not to monitor your rear, hope you have learnt form that......

but what if you had been monitoring your rear? What would you have done if your sitting there watching traffic pass i front of you, trucks etc, cars on either side of you, so your blocked in, as you often are in a city. You got NOWHERE to go man.

What are you gonna do in the 2 seconds you got bofore they hit you? 2 seconds man that all whatcha gonna do huh?

Face the facts mate the victim simply cant be blamed for everysingle accident they end up being involved in - period.

**merv** · 13th July 2004, 18:39

Originally Posted by Hitcher

Of course you're right in terms of the simple facts of this matter. But the real issue here is Council overreaction to protect themselves from similar future litigation. God knows where that may take us...

Exactly what I was saying. Hitcher you me and Motu must be in some sort of different group here as I for sure would hate to see that overreaction as per my messages above and previously on this topic.

**Hitcher** · 13th July 2004, 18:43

Originally Posted by merv

Exactly what I was saying. Hitcher you me and Motu must be in some sort of different group here as I for sure would hate to see that overreaction as per my messages above and previously on this topic.

As sure as god made little green apples, bureaucrats will overreact. I can hear their wordprocessors humming as I write...

**Funkyfly** · 13th July 2004, 20:16

Originally Posted by Hitcher

As sure as god made little green apples, bureaucrats will overreact. I can hear their wordprocessors humming as I write...

For sure dude, but like i said i have worked in local govt for over 7 years, i have seen numerous issues like this come to the fore, dog attacks for example, remember when that hit the headlines, i was there, i saw how my council and others reacted. What was done law and procedure wise to reduce the risks

But we arent talking about some need for further restrictions/laws/bylaws etc. They are already in place. We need ADHERANCE to these.

Put the damn sign up like you are suppose to do. DO YOUR JOB!

I dont think you guys understand how local govt works.

So you want to talk about "over reacting"? look at your own reactions to one man making a stand in court.

That is over reacting. As if council could ever restrict motorbike access on main roads due to roadworks. Sheesh.

**Posh Tourer :P** · 13th July 2004, 20:31

Originally Posted by Funkyfly

Your right, pretty silly not to monitor your rear, hope you have learnt form that......

but what if you had been monitoring your rear? What would you have done if your sitting there watching traffic pass i front of you, trucks etc, cars on either side of you, so your blocked in, as you often are in a city. You got NOWHERE to go man.

What are you gonna do in the 2 seconds you got bofore they hit you? 2 seconds man that all whatcha gonna do huh?

Face the facts mate the victim simply cant be blamed for everysingle accident they end up being involved in - period.

There is always something you could have done to lessen the impacts. Perhaps stand up on your bike, so you dont get completely screwed by the car behind... perhaps this perhaps that....The "victim" by definition is the one who was in the right. Of course they cant be blamed... I agree with Motu. *Every* incident you are involved in, you have some control over the outcome.. It isnt necessarily all your doing, but as far as I can see, motu never said that. There is *always* some personal responsibility. Accepting that is part of the learning process... You accept you did something wrong, you change your habits... Like not carrying hot coffee in your lap while driving a car for instance... Unfortunately, personal responsibility doesnt seem to be in fashion right about now....

**Funkyfly** · 13th July 2004, 20:43

Originally Posted by Posh Tourer :P

The "victim" by definition is the one who was in the right.

Of course they cant be blamed... I agree with Motu.

It isnt necessarily all your doing, but as far as I can see, motu never said that.

Um.. Posh, maybe you should have read the thread before commenting on it dude.

To quote Motu "it is your fault,in retrospect there is always something you could of done to prevent an accident"

Motu thinks EVERY accident could have been prevented, and that it is *always* YOUR fault. in other words the "Victim" can always be blamed

I know this is a longish thread but it might pay to read it ALL bro.