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andyt
CKA Uber
Posts: 33492
Posted: Fri Apr 23, 2010 12:03 pm
Brenda Brenda: andyt andyt: Brenda Brenda: It's not always someones "fault", in the sense that it is intent. It doesnt matter whether it is my husband or someone elses. Yes, I realize someone lost a loved one, and it could as well have been me. But that doesnt mean it was intent. Almost nobody intends to kill somebody, or even get in an accident, when they drive. But if he was using his cell phone, he was intentionally being inattentive to the business at hand - driving. That's what criminal negligence causing death means - it's equivalent to manslaughter. He didn't mean to kill the guy, but should have foreseen that his actions could lead to doing so. When getting out of your bed, you could foresee that some of your actions that day might maybe lead to someone's death. Anyhow, IF he was on his cellphone, HANDHELD, then yes, he is to blame, because that is illegal. So he should have an earpiece to do his job. If he didnt have that, who is to blame? Him or his boss? But, what if he was grabbing his coffee? We all drink coffee or whatever while driving, right? It's the Canadian thing to do. Or his sunglasses? Or blinded by the sun? What the police are looking for, once again, if he was using the phone at that moment. Not if he was holding it. Blame both his boss and him. The boss for not providing the headset, the driver for driving without one. I'm sure that's what the civil suit arising out of this will do. If you grab a coffee in a way that distracts you from driving, you should be able to foresee that and not grab it. In fact driving with a coffee in your hand has been shown to be equivalent to .08 - it should be illegal too. We're so casual about driving - treat the 2400 annual deaths and all the other misery accidents cause as just the cost of doing business. We'd never stand for it if this were true for say aviation, or house fires or what have you.
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Brenda
CKA Uber
Posts: 50938
Posted: Fri Apr 23, 2010 12:08 pm
Oh absolutely. Now what I wonder is how many truckers are involved in those 2400 deaths...
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Posts: 2372
Posted: Fri Apr 23, 2010 12:15 pm
Brenda Brenda: But, what if he was grabbing his coffee? We all drink coffee or whatever while driving, right?
Yes most do something distracting regularly, and if the cream someone it is their negligence. Each time you reach for your cup or look down to get it in the cup holder you as saying "I'm willing to take the risk I'll miss the guy in front of me locking his breaks, or some kids run out in front of me etc." Certainly I'd find it hard to believe anyone on here coming on saying they never divert attention from the road in anyway or have any hands off the wheel. Ok fine, but just because everyone does it does not absolve them of liability if they kill someone as a result. That said, and to be fair to truckers and others who drive for a living, yes they have more chances to get it an and accident, which is why they need to pass a higher standard test, even then nobody is perfect 100% of the time. From a best friends father I know a fatality they are involved in, their fault or not, can haunt them, some would say that is punishment enough in itself. Was for him, he quit eventually.
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andyt
CKA Uber
Posts: 33492
Posted: Fri Apr 23, 2010 12:16 pm
Brenda Brenda: Oh absolutely. Now what I wonder is how many truckers are involved in those 2400 deaths... Per kilometer driven, way less than private drivers. Tho when a truck hits a car, it's usually serious. So what, you want to let this guy off because truckers in general are safer drivers?
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Brenda
CKA Uber
Posts: 50938
Posted: Fri Apr 23, 2010 12:21 pm
andyt andyt: Brenda Brenda: Oh absolutely. Now what I wonder is how many truckers are involved in those 2400 deaths... Per kilometer driven, way less than private drivers. Tho when a truck hits a car, it's usually serious. So what, you want to let this guy off because truckers in general are safer drivers? I want him to treated fairly. Innocent until proven guilty, like every one else. What I hear is: "oh, a trucker. Son of a bitch takes up too much space and is an asshole anyway, so let him have it". When a car hits a motorcycle, its usually serious too. But then it is "ooooh, I didnt see him, it was an accident", or "bikers as assholes anyways, he got what he deserved". I agree with Benn, most truckers who have been in accidents or have co-workers who have been killed in an accident, will never forget it, and be haunted for the rest of their lifes...
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andyt
CKA Uber
Posts: 33492
Posted: Fri Apr 23, 2010 12:27 pm
Brenda Brenda: andyt andyt: Brenda Brenda: Oh absolutely. Now what I wonder is how many truckers are involved in those 2400 deaths... Per kilometer driven, way less than private drivers. Tho when a truck hits a car, it's usually serious. So what, you want to let this guy off because truckers in general are safer drivers? I want him to treated fairly. Innocent until proven guilty, like every one else. What I hear is: "oh, a trucker. Son of a bitch takes up too much space and is an asshole anyway, so let him have it". When a car hits a motorcycle, its usually serious too. But then it is "ooooh, I didnt see him, it was an accident", or "bikers as assholes anyways, he got what he deserved". I agree with Benn, most truckers who have been in accidents or have co-workers who have been killed in an accident, will never forget it, and be haunted for the rest of their lifes... He is innocent until proven guilty. At the moment the police are gathering evidence to see if he should be charged. If so, he gets a trial to determine guilt. You seem to be saying it's OK he was using his phone, they shouldn't even investigate. His being haunted by killing somebody has no bearing on the court case. Lots of murderers come to be haunted by what they did too - you want to let them all off too?
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Posts: 7710
Posted: Fri Apr 23, 2010 12:42 pm
Huh and to think the CVSE in BC now want to outlaw CB's/VHF radios too. 
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Brenda
CKA Uber
Posts: 50938
Posted: Fri Apr 23, 2010 1:02 pm
They should investigate whether he was HOLDING his phone while talking and driving. Because that is illegal. Holding your phone when not in use, or talking when not holding your phone are both legal.
Now, there were 3 other cars involved in this crash. Are they investigated too, or are they let off?
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andyt
CKA Uber
Posts: 33492
Posted: Fri Apr 23, 2010 1:07 pm
Brenda Brenda: They should investigate whether he was HOLDING his phone while talking and driving. Because that is illegal. Holding your phone when not in use, or talking when not holding your phone are both legal.
Now, there were 3 other cars involved in this crash. Are they investigated too, or are they let off? To determine if he was talking, they have to access his cell records. They would already know if he has a hands free set. But, I assume that it doesn't matter if you complied with the law as per cell phone - if you were driving without due care and attention, you can be charged. It's the same with grabbing a coffee or changing the station on your radio - if that results in a fatal accident, the shit's going to fly, and you're the one that's going to catch it. He rear ended somebody. You're supposed to drive so you can see what's happening ahead of you and stop in time if something does. Period. The other drivers didn't kill anybody, so they'll likely just have to deal with insurance hassles. Unless of course it's shown that one of them did something stupid too. I'm sure the whole situation will be thoroughly investigated, since somebody died. For some reason the cops get all excited about that.
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Posted: Fri Apr 23, 2010 1:13 pm
$1: I agree with Benn, most truckers who have been in accidents or have co-workers who have been killed in an accident, will never forget it, and be haunted for the rest of their lifes...
This is fact.... I've seen it first hand $1: What I hear is: "oh, a trucker. Son of a bitch takes up too much space and is an asshole anyway, so let him have it".
What alot of people don't realize is that every single item we consume at some point was on a truck, it's nessesary. More people could benifit from learnign how to drive around big vehicles like theis such as staying out of their blind spots (they have more than an average driver) and not cutting them off. Our industry has done studies that have found over 90% or accidents involving Tractor trailers to be the fault of a commuter driver in a smaller vehicle. $1: even then nobody is perfect 100%
This says it all.
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Brenda
CKA Uber
Posts: 50938
Posted: Fri Apr 23, 2010 1:14 pm
The car burst into flames after the truck drove into them while they already were crashed, and that is what got the guy killed (or at least, that is my interpretation of the story), but who says he wasnt dead already? And what about the fourth car who rear ended the truck?
Its so easy for the public to say: ohhh, stupid trucker, watch what you are doing, YOU are at fault (sure, he should have stopped, but hello, do you know how long it takes to come to a full stop with a truck?), and yeah, I hope it will be properly investigated, and in a fair way. It seems to me that the public opinion is that they "have to find" a guilty party, when maybe, just maybe, it was "just" an accident, and nobodies fault...
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andyt
CKA Uber
Posts: 33492
Posted: Fri Apr 23, 2010 1:16 pm
Choban Choban: $1: I agree with Benn, most truckers who have been in accidents or have co-workers who have been killed in an accident, will never forget it, and be haunted for the rest of their lifes...
This is fact.... I've seen it first hand $1: What I hear is: "oh, a trucker. Son of a bitch takes up too much space and is an asshole anyway, so let him have it".
What alot of people don't realize is that every single item we consume at some point was on a truck, it's nessesary. More people could benifit from learnign how to drive around big vehicles like theis such as staying out of their blind spots (they have more than an average driver) and not cutting them off. Our industry has done studies that have found over 90% or accidents involving Tractor trailers to be the fault of a commuter driver in a smaller vehicle. $1: even then nobody is perfect 100%
This says it all. None of these are valid excuses when somebody gets killed. Nobody is perfect just doesn't cut it.
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OnTheIce 
CKA Uber
Posts: 10666
Posted: Fri Apr 23, 2010 1:19 pm
Benn Benn: If he's a trucker he holds a higher class of license which says he knows better than most.
Yes, let's get real. It's not a "higher class" of license, it's a different license saying that the driver is able to drive trucks over a certain length and with air brakes. That doesn't mean he knows any "better" than any other driver on the road.
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andyt
CKA Uber
Posts: 33492
Posted: Fri Apr 23, 2010 1:20 pm
Brenda Brenda: The car burst into flames after the truck drove into them while they already were crashed, and that is what got the guy killed (or at least, that is my interpretation of the story), but who says he wasnt dead already? And what about the fourth car who rear ended the truck?
Its so easy for the public to say: ohhh, stupid trucker, watch what you are doing, YOU are at fault (sure, he should have stopped, but hello, do you know how long it takes to come to a full stop with a truck?), and yeah, I hope it will be properly investigated, and in a fair way. It seems to me that the public opinion is that they "have to find" a guilty party, when maybe, just maybe, it was "just" an accident, and nobodies fault... Since everybody else walked away, presumably it was a minor accident before the truck got involved. The 4th car that rear ended the truck likely didn't do much, since it's mass would be so much less than the truck. I do know how long it takes trucks to stop. So should the truck driver, and drive accordingly. What now "oops, sorry I killed you, but these things are bitch to stop once you get em going?" And maybe the police will decide not to charge the trucker - ie essentially it was nobodies fault. Or the courts won't convict him. But when you kill somebody by rear ending them, you'd better be prepared to be scrutinized as to what you were up to.
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Brenda
CKA Uber
Posts: 50938
Posted: Fri Apr 23, 2010 1:21 pm
Choban Choban: $1: I agree with Benn, most truckers who have been in accidents or have co-workers who have been killed in an accident, will never forget it, and be haunted for the rest of their lifes...
This is fact.... I've seen it first hand $1: What I hear is: "oh, a trucker. Son of a bitch takes up too much space and is an asshole anyway, so let him have it".
What alot of people don't realize is that every single item we consume at some point was on a truck, it's nessesary. More people could benifit from learnign how to drive around big vehicles like theis such as staying out of their blind spots (they have more than an average driver) and not cutting them off. Our industry has done studies that have found over 90% or accidents involving Tractor trailers to be the fault of a commuter driver in a smaller vehicle. $1: even then nobody is perfect 100%
This says it all. I totally agree with you. I know the truckers life, I've been a truckers wife for years, and it is not as easy as people think. They see a lot of shit, a lot of intolerance, a lot of accidents and a lot of deaths. And that is the reason why I defend this guy, until is proven without a doubt he acted like an ass.
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