Wow that was so close man, my pants would of been wet. Glad your okay bro!
The Criminal Code offence of fail to remain still requires mens rea to convict, so the Crown would have to prove that the accused either knew or reasonably ought to have know that there had been a collision. In this particular one, it's not like there was a big or even small "thud-like" crash with the rider that would make it obvious there had been contact.
If the rider was just lightly brushed and not knocked over or sent flying, then there would be virtually no noticeably impact felt by the driver of the car. The driver of the car just needs to maintain that he did not know there was a collision, that he felt no impact, that he though there was enough room to squeeze by without contact, then there is not much to prove any mens rea, and in turn it will be more difficult to convict for fail to remain.
A dangerous driving charge would probably have been much easier to support, but the cops can still come back and add that charge to the roster later.
yeah leg is good thanks for asking little red mark thats all.
He was on the bike when it happened. That means his bike insurance would cover it even if he didn't have any other insurance coverage, such as through work, etc. This assumes he has bike insurance to begin with.
I sold my bike gave up riding the streets last week because of a close call. Me and my friend coming from Kahuna 2 weeks ago roughly, approaching the intersection to make a left with no cars infront of us or behind us. Another car was waiting to make a left in the middle of the intersection and we couldnt see the traffic behind coming from the other direction so we sat at the white line. My friend leaned over and asked me something "he thought his chain was loose" and said listen and look at it after we make the turn if its banging up and down.
That turn never happened. Right after he leaned back over to get ready to go first - van from the left (traveling north) ran the red and a pickup in the lane next to us who had the solid green (traveling west) t-boned the van in the center of the intersection 15 ft in front of us. If we pulled up a bit 3 seconds later my friend and I would have been gone...
This all happened in 8 seconds roughly(so quick) and I am still mad at myself for not riding with my contour hd camera (charging at home and was going to use it for some skateboarding footage later) That day changed my who view of things and since im still 19, I said not worth it and would rather save up some more to buy a track bike and keep it as a hobby.
***Some riders passed us while I was on the grass with my friend as we stayed until the ambulance showed up - May 19th 1pm Steeles and Islington if anyone remembers.
Ride Safe and invest in a camera as you never know what you'll capture.
Yeah at the last sec i did see them but they were gaining on me to quick for me to really do much.I saw you moved just before the car came by. Did you see them coming?
I think the operative issue is whether there are grounds to sue to begin with, and whose insurance would cover it if there was. The thief's, the stolen car owner's, or the OPs? The issue arose in response to this gem:Partially untrue. If you have an accident, the insurance companies will use your benefits first. I found out the hard way, with a not-at-fault.
time to rip off that guy's insurance, if he has any. if not, sue his ***.
In any case, it would come out of YOUR insurance coverage, whether through an employer's health insurance plan if you have it, or through your own bike insurance if you don't. You wouldn't be screwing the "that guy's" insurance at all.at least a few free massage therapy session.
Glad you're ok OP, frightening moment!
Two things:
1) It should be made illegal for cops to chase "any" vehicle. It almost always ends in disaster for an innocent party. American's make entertainment out of it (Cops, Disorderly Conduct). It's just plain stupidity. Defensive driving may be to get to the right side of the curb lane while stopping at night with drunk drivers out and about and wanna be "bad boys, watcha gonna do..." in pursuit. Good advice for everyone a all y'alls!
2) Be careful with webcams or v-logging. What you are recording could be used against you if it's seized at the scene of an accident "you" cause. And worst case scenario (and very grim), you could be recording your own death!
Chases should be made illegal because they increase the risk of innocent by-standers. Or do you feel Police are above the law? I think it should be considered that the time will come for a repeat offender to be processed. Perhaps they should just let them go to be dealt with another day when circumstances are more in favor of a clean catch then dirtying the waters with risking the public. Just saying. But you know what happens? Police are human too. They also can get caught up with the adrenaline rush of the chase and it requires a special person in a good mental state to call it off.
If there was a no pursuit policy, the result would be immediately obvious. More people would refuse to stop secure in the knowledge that they would not be chased. Maybe government should amend the law making the vehicle owner personally responsible for all offences when the actual operator cannot be identified, with the only exception being if the vehicle was reported stolen prior to the chase.