Chaining down attachments

[turbo36]

I wasn't sure if that was lawyers I smelled, or if somebody has been dipping my septic tank. Glad you cleared that up, and explained it was the lawyers.
Since I am named currently in 6 lawsuits, I can understand where that bush hog owner is heading, and it isn't any fun. Make sure you chain your loads properly and watch out for what is going on around you.
David from jax

I know lawyers get a lot of flak on this site but what if the bicyclist was permanently disabled or killed by this act of negligence on the truck drivers part. Should the surviving family just write it off to circumstance or maybe they should revenge the killing by vigilant justice?

 

[Farmwithjunk]

I know lawyers get a lot of flak on this site but what if the bicyclist was permanently disabled or killed by this act of negligence on the truck drivers part. Should the surviving family just write it off to circumstance or maybe they should revenge the killing by vigilant justice?

Lawyers get a lot of flak on this or just about ANY site, because, well, THEY'RE LAWYERS....

Seriously though, the person or persons responsible for that mower falling off the trailer deserve to be hauled into court. And I'd just about bet they will be. I don't think they should escape responsibility, even if the cyclist makes a full and speedy recovery. STUPID should have a cost involved.

 

[schmism]

i think someone up stairs is trying to send you a message.

what are the odds that some piece of equipment happens to shift postion in such a way as to fall off the side JUST as it passes you as you ride your bike on the side of the road.

 

[dmccarty]

The article says the equipment was not chained down and charges will be filed. But I'm sure the charges won't amount to much. What will change the drivers behavior is the law suit. This is a good case. The criminal law won't punish the driver anywhere near what he deserves. The guy on the bike could have been killed. What if that had been a child or a group of children?

The driver was just lazy and did not give a dang about anyone else. I hope the biker and his lawyer pile on the driver.

Later,
Dan

 

[sandman2234]

I know lawyers get a lot of flak on this site but what if the bicyclist was permanently disabled or killed by this act of negligence on the truck drivers part. Should the surviving family just write it off to circumstance or maybe they should revenge the killing by vigilant justice?

Turbo36,
There are lawyers on both sides of this fence, and the odor of one usually smells bad enough to carry it downwind. There is no doubt that there will be a lawsuit, justifiably so, if the bicyclist was injured due to the vehicle operator's negligence. In my case, there is a little more to it than meets the eye, and that is what is hard to get the other side to see. Hopefully the bicyclist didn't dart out into traffic, right in front of the truck, thereby initating the action that caused the mower to come off the trailer. Things like that make it a dual fault instead of just the idiot who didn't secure the load, which is very easy to see at this point.
Basically we only see what is being fed to us, so lets take it with a grain of salt. There might be more to it than we are reading.
David from jax

 

[SnowRidge]

Turbo36,
There are lawyers on both sides of this fence, and the odor of one usually smells bad enough to carry it downwind. There is no doubt that there will be a lawsuit, justifiably so, if the bicyclist was injured due to the vehicle operator's negligence. In my case, there is a little more to it than meets the eye, and that is what is hard to get the other side to see. Hopefully the bicyclist didn't dart out into traffic, right in front of the truck, thereby initating the action that caused the mower to come off the trailer. Things like that make it a dual fault instead of just the idiot who didn't secure the load, which is very easy to see at this point.
Basically we only see what is being fed to us, so lets take it with a grain of salt. There might be more to it than we are reading.
David from jax

Bicyclists don't dart out into traffic on narrow shoulderless Tennessee roads -- not more than once anyway.

 

[AlanB]

For me, the water gets muddy real quick when they start chasing after MONEY, and they chase where there is MONEY to be had.

For instance, and I know nothing of the details.

They go after the driver, hmmm, he has no money, then they start looking for who has money, they go after the farmer, who was doing a 1099 on the driver, so that starts to get sticky, then they go after the tire place that let him load it that way, then lets see, the cutters manufacturer because there was no sticker saying it was not stable when missing that wheel ad infenum ad nauseum they just keep going.

In the lawsuit I got named in, they just did this shotgun blast effect, the judge dismissed a slew of us "individuals" right off the bat, but about 6 of the insurance agencies for the different "groups" (City, Cops, Rent a cops, our club, Parks and Rec etc.) all coughed up $50K because it was cheaper then fighting for what was "right"

The lawyer (and the deceased family) knew exactly what they were doing.

And somehow, at the end of my rant, what do you want to bet that same truck, with the same driver is hauling a similar load (unchained) down the road right now?

That is what bothers me.

 

[sandman2234]

That is pretty much why I am involved in six lawsuits, all because of one accident. I posted some pictures here, but had them removed at my attorney's request. (Yes he found them on the tractor board with a simple Google search looking for information about my accident)
I am not against people suing others when they have been hurt, but I do disagree with people using attorneys as a ticket to a lottery.
David from jax

 

[tlbuser]

But I'm sure the charges won't amount to much. What will change the drivers behavior is the law suit. This is a good case. The criminal law won't punish the driver anywhere near what he deserves.
Later,
Dan

And a civil suit against the driver probably won't turn up much cash either. So, who do we sue for this "tragedy"? The truck owner, the tractor owner, the mower manufacturer, the trailer manufacturer, the tire co., the county and/or state for neglecting to put in biker paths??
Reality is, it was an accident and accidents do happen. Yes, the biker is entitled to something (medical + lost wages), but megamillions ain't right either.

The ones who really lose are those of us who are paying insurance premiums.

 

[garth466]

Welcome to the litigious world we live in. I can't tell you how many BS accidents I go to where everyone is in so much pain and we can't even find damage. It's embarrassing to have to haul these chumps to the ER. I'd be happy to pay a little more premium now for our insurance companies to fight the BS suits.

I like the attitude of our Sheriff. I know he had the department fight a $250K wrongful death suit. I understand he was willing to spend $1M to win. That gal with the suit and every other person needs to know that when your husband holds a knife to your 2 year old son's throat, there's a good chance a SWAT officer is going to put a bullet in his head.

Sometimes right is right and it can cost more than being wrong. Fight enough and the tide should turn eventually. If we could get rid of all these ridiculous $5-20K checks our insurance companies cut to the ambulace chasers, we might be able to afford to lower our deductibles so we could actually use it. Every time I have a loss, it always seems to be $500-$900. $1000 deductibles don't help much with these losses.