That's interesting and disturbing. Assuming that the individual responsible for the collision gets good legal advice and pleads no contest to the citation - how would the victim establish responsibility in a civil proceeding?
Sent from my iPad > On Jun 10, 2015, at 9:42 PM, robert nagel <[email protected]> wrote: > > Actually, a citation is not relevant evidence of wrongdoing in a civil suit. > A conviction is, but only after a trial or a guilty plea. A conviction after > a no contest plea cannot be used in a subsequent civil proceeding though. > cell 608-438-9501 office 608-255-1501 fax 608-255-1504 > > -----Original Message----- > From: Richard Schifreen <[email protected]> > Sender: "Bikies" <[email protected]>Date: Wed, 10 Jun 2015 > 15:23:16 > To: <[email protected]> > Subject: Re: [Bikies] Bikies Digest, Vol 80, Issue 13 > > I'm not a legal expert, but can comment based on some relatively minor > collisions that it is much easier to deal with the other party and/or their > representative or insurer if the police have cited only the other party. > This makes a strong case for responsibility. The citation is a statement from > a knowledgeable, trained and independent investigator that they found one > party broke the law and the other did not. Having this determination > immediately following the incident has value for the victim regardless of > other more serious charges that may (or may not) be filed by the DA. > > Richard Schifreen > [email protected] > > > > >> On Wed, Jun 10, 2015 at 12:39 PM Grant Foster <[email protected]> wrote: >> >> Does anyone on this listserv have better insight into normal citation >> practices for traffic collisions? I'm (naively) surprised that this >> incident resulted in a citation for *unsafe passing of a >> bicyclist--346.075* (penalty of $20-200 for the first offense). Why isn't >> this *negligent operation of a vehicle causing bodily harm--346.62 (3)* >> (penalty of $300-2,000 and 30-365 days in county jail)? I don't have any >> details other than what was published in the article and am not saying the >> driver is guilty, but it seems like the laws and penalties are designed to >> address different consequences of bad actions. A ticket for $20-200 seems >> appropriate if someone is caught passing with less than 3', but doesn't >> cause any harm (like the proactive enforcement happening in Chattanooga >> http://www.timesfreepress.com/news/local/story/2015/jun/07/3-feet-or-else/308339/). >> But if this negligent behavior (passing a cyclist with less than 3' of >> clearance) results in the loss of property or causes harm or death, isn't >> the intent to have a greater penalty? I'm not a big fan of incarceration >> and would prefer penalties that restrict driving privelages and require >> additional training, but $20-200 for running someone off the road (whether >> on a bike or in a MV) and landing them in the hospital doesn't quite >> compute. Does the same practice occur for MV vs. MV collisions? >> >> Grant > _______________________________________________ > Bikies mailing list > [email protected] > http://lists.danenet.org/listinfo.cgi/bikies-danenet.org _______________________________________________ Bikies mailing list [email protected] http://lists.danenet.org/listinfo.cgi/bikies-danenet.org
