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Thread: Criminal nuisance conviction for roading contractor after crash

  1. #76
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    Quote Originally Posted by 750Y
    well this morning i put the boy's bottle of milk in the microwave to heat for 83 seconds , gave the top a wash & popped out to the shed to get the bike out & start it up. i'm heading back into the house when i hear the mrs scream "who the f&*%$k does that!!!???". I walk in & see milk all over the floor & all up her nice clean black work clothes. turns out she has 'in her haste and sense of routine' heard the beeps come in & grabbed the bottle out spilling it everywhere. then she looks at me & i'm trying not to laugh as she repeats her question, i just say calmly 'you shoulda looked instead of rushing it'. anyway, it's all my fault lol.

    Ahh, a totally different situation there, you know when it comes to the Mrs that "My fault" is tatooed on your forhead

  2. #77
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    haha, I know, what really defies me is that somehow it's my fault when she doesn't put the new roll of dunny wrap on the holder :P

  3. #78
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    Quote Originally Posted by Funkyfly
    If your rushing caused the accident then your to blame, i hope you stood up in court and told the judge how he shouldnt charge the other driver because it was all your fault? i hope YOU paid the other drivers fine?



    Read the other posts mate, this isnt about encouraging court action! go on - read the posts, its about using an EXISTING court case to try and prevent accidents by getting contractors do to their job, thus PREVENTING further court cases!



    You have no idea mate, i take a lot personal responisbility.

    Im awaiting you answer to the above questions. re. you causing an accident
    First point. I'm not your mate, so you can knock that off.

    Second point - I couldn't stand up in court, the other driver was fined $600 and disqualified for a month. I still maintain that if I'd kept to my schedule I wouldn;t have had the accident, I wouldn;t have been pressured to get to the ferry terminal on time, and I might have been paying attention to my surroundings instead of celebrating the fact that I made it to Picton with 15 minutes to spare.

    Third point - I have read every post.

    Chris Parkin had an accident and felt moved to blame everyone but himself. The Judge mentioned in his judgement that if Mr Parkin had been taking more care he may have avoided having an accident in the first place. Mr Parkin was awarded less money as a result, and I agree with the Judge's comments.

    There was no precedent prior to this case, for taking contractors or councils to court if you had an accident on signposted roadworks.
    If a man is alone in the woods and there isn't a woke Hollywood around to call him racist, is he still white?



  4. #79
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    So did you pay?

    Quote Originally Posted by Jim2
    Second point - I couldn't stand up in court, the other driver was fined $600 and disqualified for a month.
    So Mr personal responsibility - YOU cost this other driver $600 and loss of license. How did you take personal responsibility for this?

    Did you pay the $600 for him? Did you get him a work license ($1000) so he wouldnt loose his job due to your bad decision?

    Quote Originally Posted by Jim2
    There was no precedent prior to this case, for taking contractors or councils to court if you had an accident on signposted roadworks.
    I agree Chris was partly to blame, just as the judge said, but the MAJORITY of blame went to the contractor.

    AGAIN - Im trying to encourage councils to make sure contractors do their job correctly - erect signs! Maybe this case will make them sit up and take notice! We are talking LIVES here Jim.

    Dont want to help save lives then dont.

  5. #80
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    Quote Originally Posted by Funkyfly
    So Mr personal responsibility - YOU cost this other driver $600 and loss of license. How did you take personal responsibility for this?

    Did you pay the $600 for him? Did you get him a work license ($1000) so he wouldnt loose his job due to your bad decision?
    Nice twist. I wondered if you would keep pushing this flawed logic.
    If a man is alone in the woods and there isn't a woke Hollywood around to call him racist, is he still white?



  6. #81
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    Just answer the question.

    Quote Originally Posted by Jim2
    Nice twist. I wondered if you would keep pushing this flawed logic.
    Flawed logic? im simply following your argument (that YOU accept personal responsibility for any accident you are involved in) to its natural conclusion

    You stated the accident was caused by you "celebrating" and not paying attention.

    I would like to know what you did to help this poor innocent person out.

    Answer please........

  7. #82
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    Quote Originally Posted by Funkyfly
    Flawed logic? im simply following your argument (that YOU accept personal responsibility for any accident you are involved in) to its natural conclusion
    That's not the natural conclusion of Jim's argument.

    The natural conclusion is that everyone accepts responsibility for their own portion, and gets on with sorting themselves out.

    Do you really believe what you're saying, or are you just trying to wind people up?
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  8. #83
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  9. #84
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    Everyones a joker?....

    Quote Originally Posted by jrandom
    That's not the natural conclusion of Jim's argument.

    The natural conclusion is that everyone accepts responsibility for their own portion, and gets on with sorting themselves out.

    Do you really believe what you're saying, or are you just trying to wind people up?
    You think everyones a joker huh? first Motu now me?

    What i dont believe is that there is never an innocent party in an accident.

    A person changes a CD in their car, crosses the centre line and side swipes you, how can that be your fault?

    You go back and read Motu and Jims statements - it is ALWAYS your fault

    Well thats just rubbish.

    Why didnt the cops charge Jim?

    Why only charge the other driver?

    Answer please.....

  10. #85
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    Great stuff.

    Quote Originally Posted by FzerozeroT
    Great AD.

    Riders need all the help they can get to stay upright, in that ad the SIGNS saved his life.

    or course we cant have them ALL in the real world but certainly the more the better, bring on the road works warning signs!

  11. #86
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    Quote Originally Posted by Funkyfly
    You think everyones a joker huh? first Motu now me?
    I wasn't calling you a joker; I just wondered if you were intentionally taking a reductio ad absurdum in the wrong direction in an attempt to fluster Jim. Naughty but effective debating tactic.


    Quote Originally Posted by Funkyfly
    What i dont believe is that there is never an innocent party in an accident.
    Many of the guys on the forum, including myself, share the view that 'accidents' never *are*.


    Quote Originally Posted by Funkyfly
    A person changes a CD in their car, crosses the centre line and side swipes you, how can that be your fault?
    Difference between 'fault' and 'ability to avoid', I think. In that example, it may have been possible to swerve around the CD-changing driver. Etc.


    Quote Originally Posted by Funkyfly
    Answer please.....
    Stop saying that. If you pose a good, or even sufficiently annoying question, it will be answered. If your post doesn't merit a response, tagging that onto the end won't make you more noticeable.
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  12. #87
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    People choose.

    Quote Originally Posted by jrandom
    Many of the guys on the forum, including myself, share the view that 'accidents' never *are*.

    Difference between 'fault' and 'ability to avoid', I think. In that example, it may have been possible to swerve around the CD-changing driver. Etc..
    enuff of this "may have", in this case you didnt have time to avoid, thats the whole point JR, YOU CANT AWAYS AVOID BEING INVOLVED!

    Quote Originally Posted by jrandom
    Stop saying that. If you pose a good, or even sufficiently annoying question, it will be answered.
    Um JR, people have a habit of picking and choosing what they will answer so as to minimize any adverse effect it may have on their arguement, look back thru and you will see many unanswered questions.

    And what do you know, you never answered those questions.

    I will ask again, this time without the "please answer" - Why didnt the cops charge Jim?

  13. #88
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    Quote Originally Posted by jrandom


    Difference between 'fault' and 'ability to avoid', I think. In that example, it may have been possible to swerve around the CD-changing driver. Etc.
    .

    From 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 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 (end quote)

    Two completely different things being said here. While I agree with some of the *ability to avoid* part of what was said.Some things, as mentioned by Motu are unavoidable. There is a large difference between having the ability to avoid and being at fault.
    Also Motu, you must possess magic powers in your ability to know my skills or lack of, my defensive driving or lack of.Dont mind opinion on the genral topic being discussed but to then judge my riding style is going a tad far considering we have never riden together.

  14. #89
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    Quote Originally Posted by Mongoose
    From Motu

    Mongoose,you are entirly correct,it is your fault,in retrospect there is always something you could of done to prevent an accident - end quote

    Two completely different things being said here. While I agree with some of the *ability to avoid* part of what was said.Some things, as mentioned by Motu are unavoidable. There is a large difference between having the ability to avoid and being at fault.
    Also Motu, you must possess magic powers in your ability to know my skills or lack of, my defensive driving or lack of.Dont mind opinion on the genral topic being discussed but to then judge my riding style is going a tad far considering we have never riden together.
    the FACT remains that there is such a thing as an innocent party in some accidents.

    Often there is NO WARNING, thus you may have no way to aviod it.

    Time for a poll on this.

  15. #90
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    Quote Originally Posted by Funkyfly
    Why didnt the cops charge Jim?
    Because it's easy to quantify an illegal blood alcohol level, which the other driver had. Laws banning hurrying and failing to pay attention aren't practical, so Jim didn't get booked.

    If Jim had done something pinnable-downable, instead of contributing in a manner which isn't codified in the road regulations (but which was still, as Jim so admirably admits, a factor in the accident), he would have been charged as well.

    Now, in terms of your statement about it sometimes being impossible to 'avoid being involved', I'm fairly sure that for any example you come up with (the one about the CD-changer being a case in point) I could come up with some reasonably plannable action by the 'victim' driver or rider that would have avoided the 'accident'. Such as expecting cars to wander over the centerline and being alert enough to steer quickly out of the way when it happens.

    I think that to get past that particular argumentative impasse, one would have to assume evil intent from the 'at fault' party, at which point it becomes a matter of assault and/or murder. Not an accident.

    Hence my position that accidents are theoretically avoidable. Since nobody's perfect, though, I can't claim that I or anyone else is capable of demonstrating that by never having an 'accident' in any circumstances. But when I do have one, I fully expect to be able to identify contributing factors in my own shortcomings.
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