That "guy" is here, in Mn. And, Yes, there has been quite an outcry, since this Toyota thing, hit the waves. He has maintained since the very beginning, it was the car.
He was coming from church with his wife and children in the car.
He hit a car at the top of the exit ramp, doing over 70 mph. Just before that, it was going 90+ on the Interstate, and he was yelling at the family, NO BRAKES, NO BRAKES, cause he couldn't get it to shut down.

So does indeed beg, where is justice, huh???

 

1st off ... My condolences to our OP.

I always thought, that consequences were supposed to be a deterrent for irresponsible behavior, punishment should fit the crime AND also send a message to others to stay in line. Seems, that really ain't so.

There is such a flip-flop between defense and offense of the legal system. It's all relative to which side of the glass you're (or someone that you love is) standing. For those who are on this side, the justice system is not doing enough to put those who have broken the law either in prison or apply the punishment that fits the crime ... For those on the otherside (even if they were caught red handed) depends upon loopholes or for something to be handled wrong to get off scott free. Nothing to do with guilt or innocence. Either way, the system is deemed flawed and justice if often 'not' served.

Sure, this young'ng made a mistake, a deadly mistake ... but she is not a hardened criminal. She was not out to hurt anyone .. not intentionally. As bad as talking on the cell phone and driving is ... We have not done enough to deter it. Even grown adults (not to mention our young adults) haven't gotten the message yet. Severe measures should be taken to prevent this habit from being perpetrated. It's no different than driving under the influence, IMO. Sad thing is, this 'unintentional' stuff is more of a concern than the 'intentional' stuff..cause there's more of it.

There seems to be no rhyme nor reason for one person to get off with a slap on the wrist while another (who may have committed the same crime) suffers severe punishment. The punishment granted is left up to one person .. a judge (who possesses all the same traits as the rest of us do). THAT has always confused me. One minute, the court wants to set an example ... the next ... it's either complacent or doesn't want to compromise the ability to keep the really really bad guys in already overpopulated prisons if they have to make room for an offender such as this.

It's a complex and deeply disturbing system. I don't know what the answer is. There is not enough money in "the system" that was supposed to be designed to protect us all and to keep the general population in line. There never is ... and never will be because we seem to be living in a world that lacks accountability.

There is a dwindling threat of corporal punishment, not to mention an almost non existent capital punishment. Krikey, you can't even spank your own child anymore for fear of being deemed a criminal. The best a parent can do is ground their child, or send them into the corner for a while or to their room (which is incidentally filled with all kinds of electronic gagits). Big flipp'n deal! THIS is how we teach our young to be accountable. It's ridiculous!

For some, who have to deal with the legal system, there is NO punishment at all... just a fine ... just a few hours of 'community service'. Not much different than being sent to your room or having to sit in the corner .. now is it. Then your scott free! Pfffttt! It's a joke. THAT, IMHO, is not a deterrent ... nor would I consider that punishment.

Granted, for most who have a conscience, having to live with what they have done may be a devastatingly haunting experience ... but then, for some, it's no big deal ... it's back to living as usual, because they do not possess the ability to regret what they've done.

It's sad to see ... For most of us, who go about our day to day business or sit back with a false hope that the system will take care of us are now realizing the systems we collectively put into place fails us constantly .. and consistently. We remain powerless to make a change .. Unless, of course, we stand up, get involved, and take a stand.

 

Sad thing indeed. We all know the risk when we get in the saddle. I know it each time I ride. People are not attune to anything as small as what we ride. Drivers don't always keep their minds on the road. That's the entire problem in itself.

If it were YOUR daughter, sister, mother, or wife, you'd be hoping for more understanding of her side. I feel as unjustified as anyone else, but I do have daughers, sisters, a mother, and a wife also. I certainly wouldn't want my daughter to go to prison for an accident, even if it ended in a fatality. Would you want any of your loved ones to go to prison because they did something similar?

Assuming the legal system failed is just taking side against some one in an accident that you do not have enough information to make an informed judgement of. Most plea bargains come from lack of evidence, as far as I know.

You could just as well assume the guy didn't have any brake/tail lights, fuses do get blown, bulbs do burn out. Or they could have been so small as to be very difficult to see. You've seen those as well as have I. It's not cool to have HUGE lights like on my bike, but they do it anyway, and call it 'customized'. I have no idea what the guy had for lights. An assumption is just that, a GUESS. And guesses have no place in court.

So if the prosecution had no evidence to make them believe they could bring in a guilty verdict, then a plea bargain would have been the wiser choice. It is also more likely that a jury of 12 people could have sympathized with the girl's side of it because they can relate to her position, and let her off with even less.

Sure it seems unfair, and sure it makes you mad, because you FEEL the pain of association.

(The 'you' here in my statements is not directed at the OP. It is directed at all the arm chair prosecutors who have no consideration other than they relate more to the bike rider.)

Fight for equality of motorcyclists sharing the roads, and against unfair treatment. Be a positive voice in bringing about the awareness of two wheeled vehicles. But please remain aware that you will always have to do more to protect yourselves, than those who do not notice us as well as we feel they should...

 

So very well said!

 

First off I am sorry for your loss and condolences to the family.

These investigations begin with the responding law enforcement officers. If they do not initiate criminal charges from the onset, very few prosecutors will bring them up on their own. The other issue with prosecutors is financial as was previously mentioned. They are so overworked and under staffed that they must plea bargain cases in order to survive. As far as voting the incumbant out, the issue that comes into play in my area is that nobody else wants the job because the pay is low and the stress level is too high copmpared to what a good attorney can make in private practice.

I had a friend rear ended in his cage while he was stopped for a school bus with flashing reds and the stop arm extended on a highwway in a 45 mph zone. The kid that hit my friend was texting and doing 55 mph at impact without any braking. The responding cops failed to properly investigate the case and did not take any pictures at all. They issued a citation for inattentive driving instead of charging injury by neglegent use of a vehicle as I feel they should have. My friend was out of work for nearly a year with head and neck injuries, sufferes from vertigo still and the attorneys for the punk that hit him are refusing to settle. He has a jury trial set for July and I pray thay smoke em at trial.

Letting people go without charging does not draw the attention of the rest of the motoring public. If people were held accountable and properly sentenced for neglegence, chances are that the motoring public would be more serious about their driving knowing they could go to prison for their actions.

 

If you kill someone with a gun, even if you did not intend to discharge the firearm, you will do some time for it. If you do the same thing with a car, you get some bullshit driving charge and minimal consequences.

The Black Nail Brigade was created to deal with exactly this situation.

http://www.blacknailbrigade.org/

 

There are no accidents. When a person gets behind the wheel, they are responsible for their actions, the same as a gun owner is responsible for their actions when handling a weapon. If someone you loved was careless with a gun and killed someone, would you expect the judicial system to let them slide with a slap on the wrist?

People should be held accountable for their actions and decisions, in ALL situations.

Yes, I would feel bad if someone I loved was responsible for causing someone else to die, either deliberately or through carelessness. I would feel bad that they were careless and now faced the consequences.

 

I've caught that story in the paper a few times. He's trying to get the case re-opened in light of the recent Toyota recalls. In addition to asking where is justice - someone might ask this guy "Where is neutral?".

Not saying he is to blame - just that we have far too many minimally skilled drivers on the road.

 

Not gonna waste a lot of time on this. Sorry about your loss. It was an accident. There was no intent on the 18 yr olds part to hurt or kill. The punishment she received sounds about right to me. Ok candy asses let me have it.

 

I think I already did above. A person is responsible for their actions, regardless of intent. There should be consequences which fit the results of those actions. Killing someone is a severe result and there should be severe consequences.