2 Bikers Killed

[snakeplissken]

and driver ticketed for Too Fast For Conditions.

http://www.postandcourier.com/news/2010/may/19/driver-wont-face-criminal-charges/

Discuss.

[Illusions]

too fast for conditions, I do not understand how that would fit. he was traveling at 45 mph on hwy 17 at 11:30 a.m. May 11. anyone know the weather conditions? I'm thinking sunny day, the bikers were out. all photos of the accident did not reflect rainy conditions at the time.

IMO, the driver should have been sited for Vehicular Homicide. A police report says McDonald was going the speed limit, 45 mph, when he struck the stopped vehicles, and lists "driving too fast for conditions" and "distraction/inattention" as contributing factors in the accident.

Civil suits will probably be following this. Possibly a "wrongful death" suit.

[Harry]

I hate to hear this. I myself ride and people way to often pay more attention to things on the side of the road rather than the 4000lb vehicle they are driving.

[Derek]

Truly sad! sounds like there is a huge missing piece of info.I just don't get it.

[04ctd]

he crushed them into a car, and he pushed that car into a third car.

he had to be hammer down.

i have been riding to work this week. scares me.

[04ctd]

more info on local scooter forum:

http://cornerjunkies.com/forum/showthread.php?t=5470

from what I heard it was a company vehicle.

[TwinTurboNotch]

I passed this accident shortly after it had happened. I knew looking at the bikes that the rides most likely died. It's sad and unfortunate, but it was and accident. If the bikers had been in a vehical they most likely would have had very minor injuries if any. Sadly it's the risk you take getting on a bike.

[Illusions]

so nothing should be done against the dumbass that is driving a 4k lb vehicle and not paying attention to his surroundings? rear end collisions at stop lights are inexcusable IMO. it's the typical SC drivers in this area that just do not know how to drive.

[BAD BOB]

yeah that is straight stupid to only charge him for to fast for conditions. if his shit broke or brakes didnt work then that would be an accident. when you are not paying attention that is your fault 110%! he should be charged with involentary man slaughter or something along those lines. I hate it for him but if he was to watch what the f*** he was doing it wouldnt have ended someones life that was out on vacation enjoying themselves. People should just pay attention while driving and many would not loose there lives!

[Mike]

This guy had to be sleeping or distracted by something, and either one should be treated the same as driving under the influence.

[Illusions]

he was probably in the middle of a wolf call to the chick walking on the sidewalk.

[LadyInRed]

All of these vehicles are STOPPED, and he proceeds to hit them at 45mph!? Someone was definitely not paying attention and sounds like he never even hit the brakes. I agree he needs more than just a small slap on the wrist and a "too fast for conditions" ticket.

[TwinTurboNotch]

What would have happen if he just hit another car? He most likely would have been given the same ticket, and his insurance would have covered the damage. I do agree that he should have been paying attention, but accidents happen everyday. I don't think that his punishment should be more severe just because he happen to hit two bikers. He will have to live the rest of his life knowing that he took two innocent lives. I'm sure that the families of the two killed will go after him for damages in a civil suit

[BAD BOB]

if he was to hit them in a vehicle and one or both died then i feel that he should have got some kind or manslaughter sentence still. the fact that he was at fault and it caused the death of another innocent human being he should have to be held accountable.

take for instance if someone is riding a bike in the bike lane and was hit buy a someone on the phone, yes it was an accedent, the guy driving didnt mean to kill the bicyclist but he did due to him not paying attention and should have to be held accountable for his inaction to pay attention while he is driving.

[red99pony]

problem is if you give someone like him a manslaughter sentence for killing them then everytime you hit someone in the rear you would have to convict them of attempted manslaughter. it is a bad situation and a tough call to make i am sure.

[Illusions]

read your drivers manual, the worst penalty a driver can get if a person is killed in an accident is "MURDER". So does that mean everytime you get into a fender bender in walmart's parking lot you will get charged with attempted murder. NO. So that puts a little damper in the attempted manslaughter charge for a minor wreck.

[1 Slow Z]

I do agree with the arguments of him paying attention, but as a motorcyclist you take inherently more risk than an automobile driver. Is it right, no but it is the fact of you riding on a motorcycle. Any type of accident you are in as a motorcyclist will be amplified by the fact your only protection you have is your body, since most of the bikers down here don't even wear helmets.

[snakeplissken]

read your drivers manual, the worst penalty a driver can get if a person is killed in an accident is "MURDER".

It's been a while since I've read a SC Driver's Manual, but it actually says this ?

[wade w]

I have to say this is really tough to call. for those of you that have met my brother. He is in the shape he's in from a motorcycle accident. Somebody turned left right in front of him. I can remember one time when I was a kid. I was driving are first chevelle. The odometer was about to flip. My brother kept telling to look at it because he noticed it was about to flip. I didnt want to look because the car in front of me was going slow and we were in the right lane. The second I looked the car slowed down to turn and I hit it. All it did was bend the bumper, but it just goes to show it only takes a split second.

[Illusions]

It's been a while since I've read a SC Driver's Manual, but it actually says this ?

It's on the drivers test

[LadyInRed]

I'm still stuck on the going 45 mph into stopped vehicles.Totally not paying attention what-so-ever, and then, for how long? Too fast for conditions sounds like a BS ticket for what really happened.

[Luckie]

I know I am new to the forum but I have been reading and knowing a few of you for a while. My grammer isn't so well, and I don't type well at night (some say its the drinking but thats what they say). This wasn't the ice breaker I wanted but I gotta speak up on the shitty police work. I have been arguing this all day, when there is difference between trying to stop and never tryin. My wife and were in a similiar acciedent , we were stopped at a light, road roughly a 1/8 mile long with no cars behind us, no cars on the road other then the one in front of us when we stopped. While talking i saw it coming told the wife to hold on! police only wrote her up for followin to close. not that it was as serious but same when it comes to trying to stop and just not payin attention

[Mustangscotty]

Time for a civil suit from hell and maybe legal action against the the city of Mt. Pleasant. Where are the Hells Angels when you need them? :twisted:
Perhaps there is some local law that favors vehicle drivers over motorcyclists?

Can't be much worse than what happened to the former governor of South Dakota when he killed a motorcyclist with his car, was convicted, disbarred and then got the hook up from the SD supreme court judges he previously appointed ! Can you say "conflict of interest"? But what is the law to do about an extenuating circumstance like that? The governor is now out of prison and practices law with his son while a motorcyclist lays in the ground.

Perhaps that lack of respect for the legal rights of someone labeled as a "motorcyclist" in South Carolina takes on some disguised discrimination in Mt. Pleasant?

[Illusions]

Well we have to remember this is Mt P where there are sub-divisions that outlaw motorcylces on there roads even if you live there. From a little google search the guy that hit them is a big wig in an engineering firm and a structural engineer. maybe Mt P wants a new parking garage or something.

[snakeplissken]

Ahh, it was the brakes - same thing happened to him in December.

http://www.postandcourier.com/news/2010/may/20/man-says-he-couldnt-stop-suv/

[Mustangscotty]

Would hate to be the driver that plowed into the motorcyclists. Imagine the emotions that guy has had to endure.

[Illusions]

ok this sounds like this guy has a habit of not paying attention. and using brakes didn't work as an excuse.

McDonald told police his sport utility vehicle had been in the shop for brake problems about a month before he struck and killed the motorcyclists on U.S. Highway 17 at Anna Knapp Boulevard, Mount Pleasant police Capt. Stan Gragg said.

photo

James Doucette (left) and James Hines were killed when they were hit by an SUV in Mount Pleasant.

Gragg said police obtained the vehicle's service records from May 6 on Wednesday -- the day after deciding McDonald would face no criminal charges but would be issued a traffic citation in the deadly wreck.

"The vehicle was in the shop and we have the service records that show it was functioning properly," Gragg said. "We also had a certified mechanic check the brakes after the accident and they appeared to be in working order."

On Wednesday evening, 9th Circuit Solicitor Scarlett Wilson said police had informed her Tuesday that McDonald was involved in another recent rear-end collision in the Explorer, in which he said his brakes malfunctioned.

"I know that he was involved in another collision back in December," Gragg said. "It had nothing to do with this investigation."

I guess with all the Toyota publicity going around about faulty gas pedals this guys trying to use the "my brakes failed" prove me wrong defense.

Cell phone records also had shown he was on the phone shortly before the wreck. He's a structural engineer that is a department head for an engineering company. My speculation is: What did he do, finish one call and start to dial another then BAMM hit the bikers? I know engineers that work on the road, they check email and voice mail all the time while driving back from a construction site. I know this because everyone I work with does it. Accident happened at 11:30am, was he getting ready to make lunch plans?

He deserves every bit of his emotional battles he's facing right now. Sorry I do not share the "Have pity on Mr Mcdonald" bandwagon at this time.

[ElecTech]

ok this sounds like this guy has a habit of not paying attention. and using brakes didn't work as an excuse.



I guess with all the Toyota publicity going around about faulty gas pedals this guys trying to use the "my brakes failed" prove me wrong defense.

Cell phone records also had shown he was on the phone shortly before the wreck. He's a structural engineer that is a department head for an engineering company. My speculation is: What did he do, finish one call and start to dial another then BAMM hit the bikers? I know engineers that work on the road, they check email and voice mail all the time while driving back from a construction site. I know this because everyone I work with does it. Accident happened at 11:30am, was he getting ready to make lunch plans?

He deserves every bit of his emotional battles he's facing right now. Sorry I do not share the "Have pity on Mr Mcdonald" bandwagon at this time.


x2

[Derek]

Lukie spoke! :eek2: I believe illusions summed it up.

[Mustangscotty]

Damn:shock: