motorcycle: words in caps are responses to opinions
- <<The defendant was making a right hand turn out of the parking lot when he
was rear ended by Arnie. Plaintiff claims he was cut off by Harold.>>
I believe most jurisdictions require a driver entering a roadway from a
parking lot to stop and yield to vehicles on the road, proceeding only when
they can safely complete the turn. If defendant was rear ended by plaintiff
he did not yield to vehicles on the roadway.
THERE IS SOME EVIDENCE THAT ARNIE TRIED TO AVOID HAROLD. HE HIT THE BACK OF HAROLD'S DRIVER QUARTER PANEL IN THE REAR.
It would be interesting to know how far from the parking lot entrance the
I WILL TRY AND FIND OUT.. EXCELLENT POINT
<< The defense expert will testify that the two were drag racing. The expert
claims the plaintiff was going between 55-63 MPH and states that if Arnie
was going the speed limit, he could have avoided rear ending Harold,>>
Sorry, 55-63 MPH aint drag racing (unless you're on a Vespa). "Crotch
rockets" can very easily and quickly top 140 MPH. On most roadways in my
area 10-15 MPH above the posted limit is just the normal flow of traffic.
Even if defense could "prove" plaintiff was traveling at these speeds they
are far from reckless.
<< There is an independent eye-witness in NY who will testify that the
plaintiff was going 45 MPH and the defendant was going significantly faster
than 45 MPH.>>
I don't understand this. If the defendant was going faster than the
plaintiff there is no way the plaintiff could have rear ended the defendant.
THEREFORE, IS THE EYEWITNESS TESTIMONY IS CREDIBLE?
HE IS THE ONLY OBSERVER THAT SAYS THE PLAINTIFF WAS GOING THE SPEED LIMIT.
HOWEVER, DOES IT MATTER IF THE PLAINTIFF WAS GOING THE SPEED LIMIT?
Assuming the accident occurred in close proximity to the parking lot
entrance and the plaintiff had his lights on I feel the defendant was 100%
If the defense refuses to produce Rick claiming ignorance then a "motion in
limine" should be made denying Arnie the opportunity to tetify as to what
year, make or model bike Rick was driving. If they were drag racing, I'm
curious as to what Rick was driving since he was obviously way ahead of
Arnie. "Might be suspect" is an understatement.
NO ONE CAN FIND RICK. I THINK THEY NEED AN ACE PI PERSON.....
Any accident scene measurements of distance? Any tire tracks, etc.? What
was the plaintiff driving? WILL TRY AND GET THIS INFO.
The plaintiff's witness from NY is definitely going to hurt their case.
How could Arnie have rear-ended Harold's vehicle if the vehicle was going
Did the plaintiff ever mention whether or not Arnie had his headlights on?
I'm curious as to how he could not have seen him coming.
YES, ARNIE HAD HIS HEADLIGHT ON (ONE HEADLIGHT FOR A M/C)
Also, a significant amount of time had to have lapsed if Arnie did a direct
rear-end into the plaintiff. If Arnie was actually cut-off by Harold,
Arnie should have hit some portion of the left side of the vehicle, not the
I WOULD LIKE TO SEE HOW FAR FROM THE EGRESS OF THE PARKING LOT THE CRASH OCCURED..
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