VOR Posted June 19, 2008 Share Posted June 19, 2008 No, not true, at least not by most posters I've read. certainly there's been an awful lot of debate about how it could or should have gone down, and whether he or someone else was driving, etc. The reality is, using reasonable judgement, in most cases a person knows when they have hit something--be it a curb in a parking lot, a shopping cart, a deer, a dog and a person. The standard established is that when you hit something, typically you want to know what you hit for several reasons: Is my car ok? Is it driveable? Did I hit someone/something? Is it/Are they ok? When you factor in when and where this accident took place, I'd think it reasonable to assume it just might have been a person (drunk or otherwise) that you hit or jumped into the side of your car. Either way---if it's your fault of theirs, you stop to see if they are ok, unless you're worried about something else at the same time. Even assuming she caused the accident, that doesn't change the reasonable standard that should be applied to this. Do your problems lessen or go away when you leave the scene of the accident because some chick drunk on multiple molson's and reeking of unfiltered cigarettes bull-rushed your car? In that scenario, you actually create a problem for yourself where one didn't exist before, right? that's pretty basic stuff you learn when you get your license. Anyway, it kills time to kick it around. I'm in the camp of saying that since whomever was driving didn't stop, Lynch should see it through and work through his attorney. Sounds like whomever was driving dodged a bullet, because it's pretty clear someone hit the girl, and that someone ultimately will be identified, and if she was brain dead after the accident it would be a heck of a lot worse than it's going to be. I agree that the normal reaction is to stop and see what you've hit. Which leads me to believe that he didn't know he hit anyone. And the fact that he parked the car in his driveway, instead of the normal reaction of trying to hide incriminating evidence, lends further support to that. Link to comment Share on other sites More sharing options...
WellDressed Posted June 19, 2008 Share Posted June 19, 2008 of what calendar year?? Link to comment Share on other sites More sharing options...
deadbeef Posted June 19, 2008 Share Posted June 19, 2008 correct, and fair. i assume he had insurance because had he not, i assume it would have been part of the discussion on the local level. new york requires personal injury benefits up to $50k minimum, again, my assumption is based on the injuries he had adequate coverage there (you can go as high as $175k). his umbrella coverage, if indeed he had any, would address liability, not medical payments, athough unreimbursed medical payments would, i suppose be part of any proposed liablity settlement down the road. again, my assumption is it takes quite a while before the book is closed on the liability side of things. way too many factors and way too early. You have to max out your auto insurance and homeowners insurance to get an umbrella policy. I think you need at least 300K in medical coverage and 300K in property damage coverage on your auto liability insurance. Link to comment Share on other sites More sharing options...
deadbeef Posted June 19, 2008 Share Posted June 19, 2008 In California the pedestrian ALWAYS has the right of way, no matter what. I'm assuming it's the same in New York state. So it doesn't matter what the hell she was doing, the driver has to be aware and in control at all times to avoid pedestrians. Short of her running out from between cars like a small kid would chasing a ball, there are few exceptions where it's deemed an accident and you get a pass. I believe pedestrians only have right of way in crosswalks when the walk signal is blinking. Pedestrians always have right of way at crosswalks that are not at traffic lights (crosswalks away from lights are very rare). So unless he ran a red light or made a right turn at a red light he probably had right of way. Link to comment Share on other sites More sharing options...
DonInBuffalo Posted June 19, 2008 Share Posted June 19, 2008 The traffic laws, or at least their enforcement, vary somewhat from CA to NY. In CA, jaywalking laws are strictly enforced. If a traffic cop sees a pedestrian crossing the street anywhere other than a crosswalk, that person will almost always get a citation. In NY, it's very unusual to cite a pedestrian for jaywalking. I do know that pedestrians have the right of way when crossing with a walk signal or traffic light. As I understand the accident in question, the woman was walking with the light, and Lynch made a left turn when he hit her. I'm pretty sure there's no turn arrow attached to that signal, so if she was in the crosswalk she had the right of way. Link to comment Share on other sites More sharing options...
stuckincincy Posted June 19, 2008 Share Posted June 19, 2008 The traffic laws, or at least their enforcement, vary somewhat from CA to NY. In CA, jaywalking laws are strictly enforced. If a traffic cop sees a pedestrian crossing the street anywhere other than a crosswalk, that person will almost always get a citation. In NY, it's very unusual to cite a pedestrian for jaywalking. I do know that pedestrians have the right of way when crossing with a walk signal or traffic light. As I understand the accident in question, the woman was walking with the light, and Lynch made a left turn when he hit her. I'm pretty sure there's no turn arrow attached to that signal, so if she was in the crosswalk she had the right of way. I've not idea if it's still the case, but when I made trips to Germany, a fellow there told me that if you crossed outside the crosswalk lines you had no claim for your injuries and moreover were responsible for repairing the motorist's vehicle. Link to comment Share on other sites More sharing options...
ExiledInIllinois Posted June 20, 2008 Share Posted June 20, 2008 "Investigators do not believe that Hardy was part of the Chippewa expedition." But, but, but....Hardy's evil. He must have willed the accident to happen, or pursuaded ML to join him on the dark side, even if he was somewhere else. I like that: The Chippewa expedition Has a real Niagara Frontier ring to it! Link to comment Share on other sites More sharing options...
ExiledInIllinois Posted June 20, 2008 Share Posted June 20, 2008 I've not idea if it's still the case, but when I made trips to Germany, a fellow there told me that if you crossed outside the crosswalk lines you had no claim for your injuries and moreover were responsible for repairing the motorist's vehicle. And that is the way it should be! Just like when the revamped the silly "hit from behind" rule... Which means no matter what, the driver that slams into from behind someone is at fault... I think they realized that people were slamming on their brakes to cause accidents and make claims. Link to comment Share on other sites More sharing options...
stuckincincy Posted June 20, 2008 Share Posted June 20, 2008 And that is the way it should be! Just like when the revamped the silly "hit from behind" rule... Which means no matter what, the driver that slams into from behind someone is at fault... I think they realized that people were slamming on their brakes to cause accidents and make claims. That was back in the '80's, in West Germany. I've no idea what it is now after reunification. You didn't see many ratty vehicles, either. I was told they had strict inspection laws, and if you failed, they handed you a list of needed repairs. If they weren't fixed upon re-inspection, they confiscated the vehicle, had it crushed and gave you scrap value. Link to comment Share on other sites More sharing options...
Fewell733 Posted June 20, 2008 Share Posted June 20, 2008 In California the pedestrian ALWAYS has the right of way, no matter what. I'm assuming it's the same in New York state. So it doesn't matter what the hell she was doing, the driver has to be aware and in control at all times to avoid pedestrians. Short of her running out from between cars like a small kid would chasing a ball, there are few exceptions where it's deemed an accident and you get a pass. pretty sure that neither is totally the case - otherwise people would be leaping into traffic all the time because the driver would always be at fault and it would be easy money for those desperate enough. Link to comment Share on other sites More sharing options...
John from Riverside Posted June 20, 2008 Share Posted June 20, 2008 pretty sure that neither is totally the case - otherwise people would be leaping into traffic all the time because the driver would always be at fault and it would be easy money for those desperate enough. It actually is true and is a stupid rule. This means that people can jaywalk across the street around here like crazy and actually TRY to get hit so they can sue. Link to comment Share on other sites More sharing options...
G-Daddy Posted June 20, 2008 Share Posted June 20, 2008 Per the Buffalo News a press conference will be held at 2:30pm regarding resolution of this issue. Link to comment Share on other sites More sharing options...
Chandler#81 Posted June 20, 2008 Share Posted June 20, 2008 Per the Buffalo News a press conference will be held at 2:30pm regarding resolution of this issue. Please post after veiwing for those of us scattered about. Link to comment Share on other sites More sharing options...
Cotton Fitzsimmons Posted June 20, 2008 Share Posted June 20, 2008 Thanks for posting this. Hopefully, he gets his schitt together. I know, I know.....we don't have the facts, but we might really never. Maybe the bold letters are something that those on both sides of the issue can agree on. Agreed, whether or not he had any wrong doing, don't put yourself in that situation, period. Link to comment Share on other sites More sharing options...
BeastMode54 Posted June 20, 2008 Author Share Posted June 20, 2008 will there be anywhere on the internet to view the press conference regarding marshawn? Link to comment Share on other sites More sharing options...
In space no one can hear Posted June 20, 2008 Share Posted June 20, 2008 An agreement has been reached in principle to resolve the entire matter. Thus, the whole matter should be resolved by next week. per Frank Clark He also said he wouldn't release specific details. Per WBEN WBEN Link Buffalo, NY (WBEN) - Erie County DA Frank Clark has announced an agreement in principal to end the Marshawn Lynch affair. Clark says the agreement in based on the fact that Lynch ws behind the wheel of his SUV on that Saturday night last month. The Erie County District Attorney's office has been examining the hit-and-run accident since the May 31 incident in which Lynch's SUV struck a pedestrian and then drove off, leaving a Toronto-area woman with minor injuries. Lynch had not said who was behind the wheel. Erie County District Attorney Frank Clark has said that he hoped to settle the case before grand jurors were to hear testimony, and one local legal analyst not connected to the case says that's usually a sign of behind-the-scenes movement toward a deal. "I think there probably would not be an adjournment of the grand jury proceedings unless the sides were discussing, making some progress, and working toward a resolution," says Attorney Terry Connors The grand jury was scheduled to convene today at 1 p.m. Link to comment Share on other sites More sharing options...
DPR4444 Posted June 20, 2008 Share Posted June 20, 2008 Final resolution by mid week next week no further need for a grand jury Lynch will appear in court (traffic? criminal? Clark is not being clear on this) Link to comment Share on other sites More sharing options...
Chilly Posted June 20, 2008 Share Posted June 20, 2008 Oh look, now its fair to rake Marshawn over the coles. Link to comment Share on other sites More sharing options...
Beerball Posted June 20, 2008 Share Posted June 20, 2008 Oh look, now its fair to rake Marshawn over the coles. Laveranues? Link to comment Share on other sites More sharing options...
eball Posted June 20, 2008 Share Posted June 20, 2008 I'm glad this will all be over with shortly, and I hope Marshawn keeps his nose clean from this point forward. Link to comment Share on other sites More sharing options...
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