2008-10-28

Let me see if I got this right.

I know I'm stepping out on a bit of a limb here as I'm not siding 100% with the "poor and innocent victims".
Let's put this into a me-perspective. Let's say I'm out riding my bike merrily being a biker, nuisance, menace to society, anti-social etc that bikers are classified as normally. Then this cr*p old Ford Sierra comes next to me, or let's say I overtake it and the driver pops a fuse and starts "racing me". For all I know this moron in the 1,500kg batting ram might be out to kill me, or at least nudge me "kindly" off my bike and then give me a couple of faces full of fists. Either way, I decide to use my bike to my advantage, it's faster and handles better than the Sierra. Easy choice. I speed up, to try to get away. Now the Sierra doesn't like this, and speeds up even more. It ends up with the Sierra losing control and crashing into another car. Now, it's my moral obligation to stop and help in a crash, but as far as I know I have no legal reason for stopping. And as it's a "safe" car, I'm assuming that the people will stumble out of the car with a bit of bruising etc. So I do the morally wrong, and ride away. After all, I didn't crash, I was fearing for my safety and so forth.
A bit later and I'm sent to prison for six (that's 6) years for causing the accident... How does that add up?
Right, now first of all. I didn't do this, and I'm not involved, but it does seem that this can happen in todays society.
In all fairness, the details on this news snippets are vague, and they're angled towards sensationalism, but the header is quite clear; Death Crash Biker. BBC News is a bit more factual about the Man jailed over five-death crash. Let's make it clear. It's an absolute tragedy for the people in the car that was innocently hit. It's terrible. They are the true victims here. I do fail to see why there's not more shouting towards the driver of the Sierra. As far as I can tell this was the person who caused the crash, and he had two passengers. Shouldn't he be the one that's being crucified?! He clearly drove past his capacity in a car that's not renowned for being the best handling car in the world. Oh, and the biker in this case isn't blame free either. He's been riding dangerously, and if the law deems that he was part of the accident then he's also leaving the scene of an accident. Both very very very bad. That he's been bragging about it just shows how flawed his, and the country's, moral is. But it's hardly criminal?!
Apparently he's admitted causing death by dangerous driving (under how much pressure?!). Sure, ban the biker for life from being in control of a vehicle, but jail? Surely he'll come out of there as a bitter person not having much faith in his freedom.
Either way, total tragedy, and I don't know all the facts. He might have sverved in front of the Sierra to actually really totally cause the accident, and so forth. Still nobody mentions that the Sierra could have at any time slowed down and not caused the accident.
I guess I'm just miffed, and I'll probably get crucified for trying to see this thing from another view than the sensationalist journalists seem to take. I'm very sad that innocent people had to suffer. That's not right.
Bit more here: Death crash biker loses jail term challenge . Thanks M.

4 comments:

the boy said...

the sierra driver is dead, otherwise i'm pretty sure they'd be shouting at him too, however the judge is right, it takes 2 to race. the bike could have eased off at any time just as easily as the car and averted the crash by stopping the race.

he's not as responsible as the car but he's gotta take his share of the blame. simple as that tbh.

J said...

So you're assuming something like the guys meeting up and going "I'll bet ya a £100 that I'll beat you to point B" and the other one replies "Race on, dude!". That's a race.
And for the Sierra driver; if the biker killed zero people and the Sierra driver killed 5 people and injured 2. If the biker got 10 years, reduced to 6 years, then how many years should the Sierra drive have got? I don't think he'd get the 60 or so years he deserves?!
You see, what I think has happened is that some bad law-twister has bullied the young fella to admitting that they were "racing", and because he doesn't have a family and he was on a bike they gave him a lot higher sentence. Top that off that the one they actually wanted to prosecute was dead, so they had to single out someone.
Sure, go on with the "takes two to tango" argument, but it still doesn't eliminate the fact that the biker's actions did not kill the people.
There was a woman who killed a biker because she swerved her car because she was reaching for a tissue in the passenger side door-pocket. She didn't get a day in jail, just a measely fine.
If indeed this guy was part of a race and the law (rightfully?!) says that others actions are your actions, shouldn't this guy be fined 5x what the woman was fined..?!

the boy said...

dude, your road-rage theory where the bike is trying to get away from the car doesn't stand up since the bike was *behind* at the time of the crash...and this isn't guantanamo bay. if he admitted racing i think you should consider the possibility that it's because he *was* racing, and didn't have a confession beaten out of him in the cells by those nasty anti-biker police.

personally i think you're right about him being butt-sex0r3d because the car driver is dead (his sentence does seem a bit high to me) but since it's been upheld at appeal, it's obviously in line with what the law says he should have gotten.

and anyway, if it was 2 cars racing and they screwed the 2nd car driver because the first one was dead, would you be getting your panties in such a twist? i think not.

you're getting too emotional about this because the kid was on a bike. people died because of someone else's actions, that person should go to jail, and yeah that includes the woman with the tissue box.

J said...

Obviously the road-rage example was.. and is... an example. And you're right on the fact that they both were probably being ill mannered butt-muppets and that they did some form or racing. That still doesn't eliminate the fact that only one of them caused the accident.
Naturally this is closer to my heart than if it were two boy-racer Saxos, because one of the parties was on a bike. I don't however think it's a coincidence that there's a bike involved and a, IMFO, out of proportion sentence.
And I don't think he was "beaten" to a confession, but I do think that there's been a law-twisting person going something on the lines of "Your best hope is to admit to this or that and they'll look more leniently on you", instead of some hot-shot-law-twister that's gone and said "Admit to nothing!".

Emotional... it might seem so, but I am frankly only totally surprised that you can get jail term for something that someone else has done. and I state again, if they've been agreeing on this alledged race, then they've been working together and he's partially to blame, and should probably go to jail (but six years?!?). On the other hand, if the two "guilty" vehicles didn't know each other, then, to me, it seems quite strange.

But... I don't know all the facts. Just seems strange to me.