Kubota RTV and CAR Accident.

[Ken45101]

Ken45101; I was just reading a story about a DUI on a horse. The guy beat the ticket........ he claimed the horse new its way home he was passed out and there was no way he could have been driving it. I wonder if horses should get free straw {or something} at the bars so they could be designated carriers ?

As usual, it probably depends on the individual state laws. But I would assume the guy could have been convicted of public intoxication even if DUI wasn't appropriate.

Maybe in this case, the guy could have taken the horse inside the bar since it was obviously an "aid animal"

Yes, horses may well know their way home.

 

[joes_427_vette]

DMACE;

Never heard of OUI. DUI is driving under the influence. OMVWI is operating a motor vehicle while intoxicated. 30 Years in the field I have become pretty familiar with this. ( plus all the excuses that go along with it )

 

[riptides]

Glad everyone is ok.

But legally blind and operating a motor vehicle? Come on now. You all need to rethink options for mobility.

 

[Dmace]

DMACE;

Never heard of OUI. DUI is driving under the influence. OMVWI is operating a motor vehicle while intoxicated. 30 Years in the field I have become pretty familiar with this. ( plus all the excuses that go along with it )

Maybe it's a New England thing but it's typically used when involving a moving vehicle other then an automobile. (e.g. Boat, Snowmobile, ATV, Horse, Tractor, etc...)
Drunk Driving, Operating Under the Influence, OUI, DUI, DWI Successful Court Cases in Maine
Operating Under the Influence (OUI) Watercraft Boating in Arizona
New Jersey OUI Attorney :: Operating Under the Influence :: Edison Township, NJ DWI Lawyer
Maine DUI & ME OUI Laws - Maine OUI & ME DUI Laws
Massachusetts Operating Under the Influence Police Report - MA laws in Mass OUI DUI DWI

"30 years in the field" and you have never heard of an OUI...?

 

[joes_427_vette]

The experts are always on the side lines with the monday morning quarterback. Obviously you know more about it because you read it in the opinion column.
How are you on space shuttles ? Those guys could use your help on future designs.

 

[riptides]

joes_427_vette Your on the internet asking for opinions, you need to weed out the best of them and make your own judgement.

 

[20 20]

The experts are always on the side lines with the monday morning quarterback. Obviously you know more about it because you read it in the opinion column.
How are you on space shuttles ? Those guys could use your help on future designs.

There are no such things as space shuttles, it is just a government money maker. No one has been on the moon there has been no mission to mars etc....

 

[two_bit_score]

..... This is far from an urban setting. .......
This guy came from behind. Honestly, how many of us check our rear view mirror everytime we turn?

QUOTE]


Almost every state has some law or court decision that makes it incumbent on the driver stopping, turning or backing a vehicle on a public road to 'maintain a look out to the rear'. All turns must be done 'with safety'.

All passing must be done 'with safety' and a 'driver proceding along a roadway must keep a lookout for his own safety and cannot ignore dangers that might be reasonbly expected to exist'. Also, many states have an obscure law or rule of the road that any driver 'overtaking and passing another vehicle must sound his horn for safety'.

I don't know about Ohio but it's probably a comparative negligence state which means that in an accident the negligence of the parties is compared and the one that is found over 51% at fault is the one who pays. He gets an offset based on the contribution % of the other party.

Say the other drivers damages are $100,000 and your bother is 75% at fault (which is the best I think he can hope for) then he would owe the other driver $75,000.

Your brother needs a lawyer. Hope he has some kind of homeowners policy or general liability policy that will contribute to the defense in if they won't cover a judgement or settlement.

 

[Pops15]

Glad everyone is ok. Consult a lawyer. I suspect he'll tell your brother to settle. I don't see a way that he could win in court. While your brother's transportation arrangement might be legal, its not a good idea because of the liability issue, and more importantly the safety issue. Let this minor accident be a wake up call to come up with a more suitable transportation arrangement. With the info you posted it sounds like he made an unsafe turn ...didn't check for passing cars before turning. When I was a kid I was taught to always check my mirrors before turning...and I ALWAYS do.

 

[Low Bucket]

The accident:
On his way to work this morning, he signaled for the left hand turn into the school where he works and proceeded with his turn when he was struck by a car trying to pass him. (think god he was not still riding the moped).


So do you guys think he was fairly sited or should we seek legal advice???

Thank God your brother wasn't hurt or killed.

There is two people at fault here.

1) The person driving the car.

2) The cop that wrote the ticket.- He probably doesn't know all the laws. Rookie?

There is a No Passing Zone in a School Zone.- That's what the double yellow line is there for.

At every school there is a double yellow line.- The speed limit is very low depending which state you live in.- The speed limit in a school zone when the lights are flashing in WV is 15MPH, and No Passing.

I don't care what anyone says.- In a school zone with a double yellow line "you can not pass a vehicle" that has it's signal light on "to turn left" in a school zone.- It doesn't matter what kind of vehicle it is that's turning left.- If he wasn't turning left.- You still can't pass in a school zone.

Oh, The person driving the car couldn't wait an extra few seconds to let this guy make the left turn, they just had to pass.

Get a lawyer.